Texas 2009 - 81st Regular

Texas Senate Bill SB2338 Compare Versions

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

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1	1	By: Shapiro S.B. No. 2338
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation, operations and financing of tax increment
7	7	reinvestment zones.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 311.002(1), Tax Code is amended as
10	10	follows:
11	11	(1) "Project costs" means the expenditures made or
12	12	estimated to be made and monetary obligations incurred or estimated
13	13	to be incurred by the municipality or county establishing a
14	14	reinvestment zone that are listed in the project plan as costs of
15	15	public works or public improvements, programs, or other projects
16	16	[in] benefitting the zone, plus other costs incidental to those
17	17	expenditures and obligations. "Project costs" include:
18	18	(A) capital costs, including the actual costs of
19	19	the acquisition and construction of public works, public
20	20	improvements, new buildings, structures, and fixtures; the actual
21	21	costs of the acquisition, demolition, alteration, remodeling,
22	22	repair, or reconstruction of existing buildings, structures, and
23	23	fixtures; the actual costs of the remediation of conditions that
24	24	contaminate public or private land or buildings, the preservation
25	25	of the facade of a private or public building, and the demolition of
26	26	public or private buildings; and the actual costs of the
27	27	acquisition of land and equipment and the clearing and grading of
28	28	land;
29	29	(B) financing costs, including all interest paid
30	30	to holders of evidences of indebtedness or other obligations issued
31	31	to pay for project costs and any premium paid over the principal
32	32	amount of the obligations because of the redemption of the
33	33	obligations before maturity;
34	34	(C) real property assembly costs;
35	35	(D) professional service costs, including those
36	36	incurred for architectural, planning, engineering, and legal
37	37	advice and services;
38	38	(E) imputed administrative costs, including
39	39	reasonable charges for the time spent by employees of the
40	40	municipality or county in connection with the implementation of a
41	41	project plan;
42	42	(F) relocation costs;
43	43	(G) organizational costs, including the costs of
44	44	conducting environmental impact studies or other studies, the cost
45	45	of publicizing the creation of the zone, and the cost of
46	46	implementing the project plan for the zone;
47	47	(H) interest before and during construction and
48	48	for one year after completion of construction, whether or not
49	49	capitalized;
50	50	(I) the cost of operating the reinvestment zone
51	51	and project facilities;
52	52	(J) the amount of any contributions made by the
53	53	municipality or county from general revenue for the implementation
54	54	of the project plan; [and]
55	55	(K) a program described in Section 311.310(h) of
56	56	this chapter; and
57	57	(L) payments made at the discretion of the
58	58	governing body of the municipality or county that the governing
59	59	body finds necessary or convenient to the creation of the zone or to
60	60	the implementation of the project plans for the zone.
61	61	SECTION 2. Sections 311.003(a) and (b), Tax Code, are
62	62	amended as follows:
63	63	(a) The governing body of a municipality by ordinance or the
64	64	governing body of a county by order may designate a [contiguous]
65	65	geographic area in the jurisdiction of the municipality or county
66	66	to be a reinvestment zone to promote development or redevelopment
67	67	of the area if the governing body determines that development or
68	68	redevelopment would not occur solely through private investment in
69	69	the reasonably foreseeable future. The area need not be contiguous
70	70	if the governing body finds that the areas are substantially
71	71	related.
72	72	(b) Before adopting an ordinance or order providing for a
73	73	reinvestment zone, the governing body of the municipality or county
74	74	must prepare a preliminary reinvestment zone financing plan. [As
75	75	soon as the plan is completed, a copy of the plan must be sent to the
76	76	governing body of each taxing unit that levies taxes on real
77	77	property in the proposed zone.]
78	78	SECTION 3. Section 311.005(a) is amended to read as
79	79	follows:
80	80	(a) To be designated as a reinvestment zone, an area must:
81	81	(1) substantially arrest or impair the sound growth of
82	82	the municipality or county creating the zone, retard the provision
83	83	of housing accommodations, or constitute an economic or social
84	84	liability and be a menace to the public health, safety, morals, or
85	85	welfare in its present condition and use because of the presence of:
86	86	(A) a substantial number of substandard, slum,
87	87	deteriorated, or deteriorating structures;
88	88	(B) the predominance of defective or inadequate
89	89	sidewalk or street layout;
90	90	(C) faulty lot layout in relation to size,
91	91	adequacy, accessibility, or usefulness;
92	92	(D) unsanitary or unsafe conditions;
93	93	(E) the deterioration of site or other
94	94	improvements;
95	95	(F) tax or special assessment delinquency
96	96	exceeding the fair value of the land;
97	97	(G) defective or unusual conditions of title;
98	98	(H) conditions that endanger life or property by
99	99	fire or other cause; or
100	100	(I) structures, other than single-family
101	101	residential structures, less than 10 percent of the square footage
102	102	of which has been used for commercial, industrial, or residential
103	103	purposes during the preceding 12 years, if the municipality has a
104	104	population of 100,000 or more;
105	105	(2) be predominantly open, undeveloped, or
106	106	underdeveloped and, because of obsolete platting, deterioration of
107	107	structures or site improvements, or other factors, substantially
108	108	impair or arrest the sound growth of the municipality or county;
109	109	(3) be in a federally assisted new community located
110	110	in the municipality or county or in an area immediately adjacent to
111	111	a federally assisted new community; or
112	112	(4) be an area described in a petition requesting that
113	113	the area be designated as a reinvestment zone, if the petition is
114	114	submitted to the governing body of the municipality or county by the
115	115	owners of property constituting at least 50 percent of the
116	116	appraised value of the property in the area according to the most
117	117	recent certified appraisal roll for the county in which the area is
118	118	located.
119	119	SECTION 4. Section 311.007, Tax Code, is amended as
120	120	follows:
121	121	§
122	122	311.007. CHANGING BOUNDARIES OR TERM OF EXISTING ZONE.
123	123	(a) [Subject to the limitations provided by Section 311.006, if
124	124	applicable, the] The boundaries of an existing reinvestment zone
125	125	may be reduced or enlarged by ordinance or resolution of the
126	126	governing body of the municipality or by order or resolution of the
127	127	governing body of the county that created the zone.
128	128	(b) The governing body of the municipality or county may
129	129	that created an existing reinvestment zone may by ordinance or
130	130	resolution extend the term of the zone after notice and hearing in
131	131	the same manner as provided for the creation of the zone; provided
132	132	that no other taxing entity shall be required to participate in the
133	133	zone for the extended term except by written agreement. [enlarge an
134	134	existing reinvestment zone to include an area described in a
135	135	petition requesting that the area be included in the zone if the
136	136	petition is submitted to the governing body of the municipality or
137	137	county by the owners of property constituting at least 50 percent of
138	138	the appraised value of the property in the area according to the
139	139	most recent certified appraisal roll for the county in which the
140	140	area is located. The composition of the board of directors of the
141	141	zone continues to be governed by Section 311.009(a) or (b),
142	142	whichever applied to the zone immediately before the enlargement of
143	143	the zone, except that the membership of the board must conform to
144	144	the requirements of the applicable subsection of Section 311.009 as
145	145	applied to the zone after its enlargement. The provision of Section
146	146	311.006(b) relating to the amount of property used for residential
147	147	purposes that may be included in the zone does not apply to the
148	148	enlargement of a zone under this subsection.]
149	149	SECTION 5. Section 311.008(b)(2), Tax Code, is amended to
150	150	read as follows:
151	151	(2) acquire real property by purchase, condemnation,
152	152	or other means [to implement project plans] and sell real [that]
153	153	property, on the terms and conditions and in the manner it considers
154	154	advisable to implement the project plans;
155	155	SECTION 6. Section 311.009(a), (b), and (e), Tax Code, are
156	156	amended to read as follows:
157	157	(a) Except as provided by Subsection (b), the board of
158	158	directors of a reinvestment zone consists of at least five and not
159	159	more than 15 members, unless more than 15 members are required to
160	160	satisfy the requirements of this subsection. Each taxing unit
161	161	other than the municipality or county that created the zone that
162	162	levies taxes on real property in the zone may appoint one member of
163	163	the board if the taxing unit has approved the payment of all or part
164	164	of the tax increment produced by the unit into the tax increment
165	165	fund. A unit may waive its right to appoint a director. The
166	166	governing body of the municipality or county that created the zone
167	167	may appoint not more than 10 directors to the board; except that if
168	168	there are fewer than five directors appointed by taxing units other
169	169	than the municipality or county, the governing body of the
170	170	municipality or county may appoint more than 10 members as long as
171	171	the total membership of the board does not exceed 15.
172	172	(b) If the zone was designated under Section 311.005(a)(4),
173	173	the board of directors of the zone consists of nine members. Each
174	174	taxing unit [school district, county, or municipality,] other than
175	175	the municipality or county that created the zone, that levies taxes
176	176	on real property in the zone may appoint one member of the board if
177	177	the taxing unit [school district, county, or municipality] has
178	178	approved the payment of all or part of the tax increment produced by
179	179	the unit into the tax increment fund. The member of the state
180	180	senate in whose district the zone is located is a member of the
181	181	board, and the member of the state house of representatives in whose
182	182	district the zone is located is a member of the board, except that
183	183	either may designate another individual to serve in the member's
184	184	place at the pleasure of the member. If the zone is located in more
185	185	than one senate or house district, this subsection applies only to
186	186	the senator or representative in whose district a larger portion of
187	187	the zone is located than any other senate or house district, as
188	188	applicable. The remaining members of the board are appointed by the
189	189	governing body of the municipality or county that created the zone.
190	190	(e) To be eligible for appointment to the board by the
191	191	governing body of the municipality or county that created the zone,
192	192	an individual must:
193	193	(1) if the board is covered by Subsection (a):
194	194	(A) be a resident citizen of the State of Texas
195	195	[qualified voter of the municipality or county, as applicable]; and
196	196	[or]
197	197	(B) be at least 18 years of age [and own real
198	198	property in the zone, whether or not the individual resides in the
199	199	municipality or county]; or
200	200	(2) if the board is covered by Subsection (b):
201	201	(A) be at least 18 years of age; and
202	202	(B) own real property in the zone or be an
203	203	employee, tenant, or agent of a person that owns real property in
204	204	the zone.
205	205	SECTION 7. Section 311.010(h), Tax Code, is amended to read
206	206	as follows:
207	207	(h) Subject to the approval of the governing body of the
208	208	municipality or county that created the zone, the board of
209	209	directors of a reinvestment zone, as necessary or convenient to
210	210	implement the project plan and reinvestment zone financing plan and
211	211	achieve their purposes, may establish and provide for the
212	212	administration of one or more programs for the public purposes of
213	213	developing and diversifying the economy of the zone, eliminating
214	214	unemployment and underemployment in the zone, and developing or
215	215	expanding transportation, business, and commercial activity in the
216	216	zone, including programs to make grants and loans [from the tax
217	217	increment fund of the zone in an aggregate amount not to exceed the
218	218	amount of the tax increment produced by the municipality and paid
219	219	into the tax increment fund for the zone] for activities that
220	220	benefit the zone and stimulate business and commercial activity in
221	221	the zone. For purposes of this subsection, on approval of the
222	222	municipality or county, the board of directors of the zone has all
223	223	the powers of a municipality under Chapter 380, Local Government
224	224	Code. The approval required by this subsection may be granted in an
225	225	ordinance or order approving a project plan and reinvestment zone
226	226	financing plan or an amendment to a project plan and reinvestment
227	227	zone financing plan.
228	228	SECTION 8. Section 311.011, Tax Code, is amended by
229	229	amending subsections (a), (b), (c), (d), and (g) and adding a new
230	230	subsection (h) as follows:
231	231	§
232	232	311.011. PROJECT AND FINANCING PLANS. (a) The board of
233	233	directors of a reinvestment zone shall prepare and adopt a project
234	234	plan and a reinvestment zone financing plan for the zone and submit
235	235	the plans to the governing body of the municipality or county that
236	236	created the zone. [The plans must be as consistent as possible with
237	237	the preliminary plans developed for the zone before the creation of
238	238	the board.]
239	239	(b) The project plan must include:
240	240	(1) a [map showing] description of existing uses and
241	241	conditions of real property in the zone and [a map showing] proposed
242	242	[improvements to and proposed] uses of that property;
243	243	(2) proposed changes of zoning ordinances, [the master
244	244	plan of the municipality,] building codes, other municipal
245	245	ordinances, and subdivision rules and regulations, if any, of the
246	246	municipality or the county, if applicable; and
247	247	(3) [a list of estimated nonproject costs; and
248	248	(4)] a statement of a method of relocating persons to
249	249	be displaced, if any, as a result of implementing the plan.
250	250	(c) The reinvestment zone financing plan must include:
251	251	(1) a detailed list describing the estimated project
252	252	costs of the zone, including administrative expenses;
253	253	(2) a statement listing the proposed kind, number, and
254	254	location of all [proposed] public works or public improvements to
255	255	be financed by [in] the zone;
256	256	(3) a finding that the zone is economically feasible
257	257	[an economic feasibility study];
258	258	(4) the estimated amount of bonded indebtedness to be
259	259	incurred;
260	260	(5) the estimated time when related costs or monetary
261	261	obligations are to be incurred;
262	262	(6) a description of the methods of financing all
263	263	estimated project costs and the expected sources of revenue to
264	264	finance or pay project costs, including the percentage of tax
265	265	increment to be derived from the property taxes of each taxing unit
266	266	anticipated to participate in the zone financing that levies taxes
267	267	on real property in the zone;
268	268	(7) the current total appraised value of taxable real
269	269	property in the zone;
270	270	(8) the estimated captured appraised value of the zone
271	271	during each year of its existence; and
272	272	(9) the duration of the zone.
273	273	(d) The governing body of the municipality or county that
274	274	created the zone must approve a project plan or reinvestment zone
275	275	financing plan after its adoption by the board. The approval must
276	276	be by ordinance, in the case of a municipality, or by order, in the
277	277	case of a county, that finds that the plan is feasible [and conforms
278	278	to the master plan, if any, of the municipality or to subdivision
279	279	rules and regulations, if any, of the county].
280	280	(g) [An amendment to the project plan or the reinvestment
281	281	zone financing plan for a zone does not apply to a] A school
282	282	district that participates in a [the] zone is not required to
283	283	increase the percentage or amount of the tax increment to be
284	284	contributed by the school district due to an amendment to the
285	285	project plan or reinvestment zone financing plan for the zone
286	286	unless the governing body of the school district by official action
287	287	approves the amendment[, if the amendment:
288	288	(1) has the effect of directly or indirectly
289	289	increasing the percentage or amount of the tax increment to be
290	290	contributed by the school district; or
291	291	(2) requires or authorizes the municipality or county
292	292	creating the zone to issue additional tax increment bonds or
293	293	notes].
294	294	(h) Unless specifically provided otherwise in the project
295	295	plan and reinvestment zone financing plan, all figures contained in
296	296	the plan shall be considered estimates, and shall not act as a
297	297	limitation on the described items, including without limitation
298	298	expenditures relating to project costs and participation by taxing
299	299	units.
300	300	SECTION 9. Section 311.012(c), Tax Code, is amended as
301	301	follows:
302	302	(c) The tax increment base of a taxing unit is the total
303	303	[appraised] taxable value of all real property taxable by the unit
304	304	and located in a reinvestment zone for the year in which the zone
305	305	was designated under this chapter. The base year for any land
306	306	annexed into the zone is the year in which such land was annexed.
307	307	SECTION 10. Sections 311.013(f) and (l), Tax Code, is
308	308	amended as follows:
309	309	(f) A taxing unit is not required to pay into the tax
310	310	increment fund any of its tax increment produced from property
311	311	located in a reinvestment zone designated under Section 311.005(a)
312	312	or in an area added to a reinvestment zone under Section 311.007
313	313	unless the taxing unit enters into an agreement to do so with the
314	314	governing body of the municipality or county that created the zone.
315	315	A taxing unit may enter into an agreement under this subsection at
316	316	any time before or after the zone is created or enlarged. The
317	317	agreement may include conditions for payment of that tax increment
318	318	into the fund and must specify the portion of the tax increment to
319	319	be paid into the fund and the years for which that tax increment is
320	320	to be paid into the fund. The agreement may specify that the taxing
321	321	unit's participation may be computed with respect to a base year
322	322	later than the original base year of the zone. The agreement and
323	323	the conditions in the agreement are binding on the taxing unit, the
324	324	municipality or county, and the board of directors of the zone.
325	325	(l) The governing body of a municipality or a county that
326	326	designates an area as a reinvestment zone may determine, in the
327	327	designating ordinance or order adopted under Section 311.003 or in
328	328	the ordinance or order adopted under Section 311.011 approving the
329	329	reinvestment zone financing plan for the zone, the portion of the
330	330	tax increment produced by the municipality or the county that the
331	331	municipality or the county is required to pay into the tax increment
332	332	fund for the zone. If a municipality or a county does not determine
333	333	the portion of the tax increment produced by the municipality or the
334	334	county that the municipality or the county is required to pay into
335	335	the tax increment fund for a reinvestment zone, the municipality or
336	336	the county is required to pay into the fund for the zone the entire
337	337	tax increment produced by the municipality or the county, except as
338	338	provided by Subsection (b)(1).
339	339	SECTION 11. Section 311.014(b), Tax Code, is amended to
340	340	read as follows:
341	341	(b) Money may be disbursed from the fund only to satisfy
342	342	claims of holders of tax increment bonds or notes issued for the
343	343	zone, to pay project costs for the zone, to make payments pursuant
344	344	to an agreement made under Section 311.010(b) or a program under
345	345	Section 311.010(h) dedicating revenue from the tax increment fund,
346	346	or to repay other obligations incurred for the zone.
347	347	SECTION 12. Sections 311.015(a) and (l), Tax Code, are
348	348	amended as follows:
349	349	(a) A municipality creating a reinvestment zone may issue
350	350	tax increment bonds or notes, the proceeds of which may be used to
351	351	make payments pursuant to agreements made under Section 311.010(b),
352	352	to make payments pursuant to programs under Section 311.010(h), and
353	353	to pay project costs for the reinvestment zone on behalf of which
354	354	the bonds or notes were issued, or to satisfy claims of holders of
355	355	the bonds or notes. The municipality may issue refunding bonds or
356	356	notes for the payment or retirement of tax increment bonds or notes
357	357	previously issued by it.
358	358	(l) A tax increment bond or note must mature within 20 years
359	359	of the date of issue on or before the date by which the final
360	360	payments of tax increment into the tax increment fund are due.
361	361	SECTION 13. Section 311.016(a), Tax Code, is amended to
362	362	read as follows:
363	363	(a) On or before the 150th [90th] day following the end of
364	364	the fiscal year of the municipality or county, the governing body of
365	365	a municipality or county shall submit to the chief executive
366	366	officer of each taxing unit that levies property taxes on real
367	367	property in a reinvestment zone created by the municipality or
368	368	county a report on the status of the zone. The report must include:
369	369	(1) the amount and source of revenue in the tax
370	370	increment fund established for the zone;
371	371	(2) the amount and purpose of expenditures from the
372	372	fund;
373	373	(3) the amount of principal and interest due on
374	374	outstanding bonded indebtedness;
375	375	(4) the tax increment base and current captured
376	376	appraised value retained by the zone; and
377	377	(5) the captured appraised value shared by the
378	378	municipality or county and other taxing units, the total amount of
379	379	tax increments received, and any additional information necessary
380	380	to demonstrate compliance with the tax increment financing plan
381	381	adopted by the governing body of the municipality or county.
382	382	SECTION 14. Section 311.017, Tax Code, is amended by
383	383	amending Subsection (a) and adding new Subsections (a-1), (c), and
384	384	(d) to read as follows:
385	385	(a) A reinvestment zone terminates on the earlier of:
386	386	(1) the termination date designated in the ordinance
387	387	or order, as applicable, creating the zone or an earlier or later
388	388	termination date designated by an ordinance or order adopted
389	389	[subsequent to the ordinance or order creating the zone] under
390	390	Section 311.007(b); or
391	391	(2) the date on which all project costs, tax increment
392	392	bonds and interest on those bonds, and other obligations have been
393	393	paid in full.
394	394	(a-1) Notwithstanding the designation of a later
395	395	termination date under Section 311.007(b), a taxing unit that taxes
396	396	real property located in the zone, other than the municipality or
397	397	county that created the zone, is not required to pay any of its tax
398	398	increment into the tax increment fund for the zone after the
399	399	termination date designated in the ordinance or order creating the
400	400	zone unless the governing body of the taxing unit enters into an
401	401	agreement to do so with the governing body of the municipality or
402	402	county that created the zone.
403	403	(c) With respect to a zone established under Section
404	404	311.0031, the zone shall terminate on the date on which all project
405	405	costs, tax increment bonds and interest on those bonds, and other
406	406	obligations have been paid in full, notwithstanding the expiration
407	407	of the designation of the area under the specified law.
408	408	(d) If tax increment bonds or obligations of the zone are
409	409	outstanding when the zone is terminated, the zone shall remain in
410	410	existence solely for the purpose of fully paying its obligations or
411	411	the tax increment bonds. The termination is effective when all zone
412	412	obligations or tax increment bonds have been fully paid.
413	413	SECTION 15. Chapter 311, Tax Code, is amended by adding a
414	414	new Section 311.021, as follows:
415	415	Sec. 311.021. ACT OR PROCEEDING PRESUMED VALID. (a) A
416	416	governmental act or proceeding relating to the designation,
417	417	operation, or administration of a reinvestment zone or
418	418	implementation of a project plan or reinvestment zone financing
419	419	plan under this chapter of a municipality or county, zone board, or
420	420	an entity acting pursuant to Section 311.010(f), is conclusively
421	421	presumed, as of the date it occurred, valid and to have occurred in
422	422	accordance with all applicable statutes and rules if:
423	423	(1) the second anniversary of the effective date of
424	424	the act or proceeding has expired; and
425	425	(2) a lawsuit to annul or invalidate the act or
426	426	proceeding has not been filed on or before that second anniversary.
427	427	(b) This section does not apply to:
428	428	(1) an act or proceeding that was void at the time it
429	429	occurred;
430	430	(2) an act or proceeding that, under a statute of this
431	431	state or the United States, was a misdemeanor or felony at the time
432	432	the act or proceeding occurred;
433	433	(3) a rule that, at the time it was passed, was
434	434	preempted by a statute of this state or the United States, including
435	435	Section 1.06 or 109.57, Alcoholic Beverage Code; or
436	436	(4) a matter that on the effective date of this
437	437	section:
438	438	(A) is involved in litigation if the litigation
439	439	ultimately results in the matter being held invalid by a final
440	440	judgment of a court; or
441	441	(B) has been held invalid by a final judgment of a
442	442	court.
443	443	SECTION 16. The following provisions of the Tax Code are
444	444	repealed:
445	445	(1) Section 311.003(e), (f), and (g);
446	446	(2) Section 311.006;
447	447	(3) Section 311.01005;
448	448	(4) Section 311.007(b);
449	449	(5) Sections 311.013(d) and (e); and
450	450	(6) Section 311.016(b) as amended by Acts 2005, 79th
451	451	Leg., R.S., Ch. 977, Sec.2.
452	452	SECTION 17. Section 42.2516, Education Code, is amended to
453	453	designate existing subsections (k) and (l) as (l) and (m),
454	454	respectively, and to add a new subsection (k), as follows:
455	455	(k) In computing the local revenue per student available to
456	456	a school district there shall be deducted from the local revenue
457	457	available to the school district the amount of taxes paid by the
458	458	school district into a tax increment reinvestment zone under
459	459	Chapter 311, Tax Code.
460	460	SECTION 18. (a) The legislature validates and confirms all
461	461	governmental acts and proceedings that were taken before the
462	462	effective date of this Act and relate to or are associated with the
463	463	designation, operation, or administration of a reinvestment zone or
464	464	implementation of a project plan or reinvestment zone financing
465	465	plan under Chapter 311, Tax Code, of a municipality or county, zone
466	466	board, or an entity acting pursuant to Section 311.010(f),
467	467	including the extension of the term of a reinvestment zone, as of
468	468	the dates on which they occurred. The acts and proceedings may not
469	469	be held invalid because they were not in accordance with Chapter
470	470	311, Tax Code, or other law.
471	471	(b) Subsection (a) of this section does not apply to any
472	472	matter that on the effective date of this Act:
473	473	(1) is involved in litigation if the litigation
474	474	ultimately results in the matter being held invalid by a final
475	475	judgment of a court; or
476	476	(2) has been held invalid by a final judgment of a
477	477	court.
478	478	SECTION 19. EFFECTIVE DATE. This Act takes effect
479	479	immediately if it receives a vote of two-thirds of all the members
480	480	elected to each house, as provided by Section 39, Article III, Texas
481	481	Constitution. If this Act does not receive the vote necessary for
482	482	immediate effect, this Act takes effect September 1, 2009.