Texas 2009 - 81st Regular

Texas Senate Bill SB2456 Compare Versions

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1	1	S.B. No. 2456
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Brush Country Groundwater
6	6	Conservation District; providing authority to impose a tax and
7	7	issue bonds.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle H, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8852 to read as follows:
11	11	CHAPTER 8852. BRUSH COUNTRY GROUNDWATER CONSERVATION DISTRICT
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8852.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the board of directors of the
15	15	district.
16	16	(2) "Director" means a member of the board.
17	17	(3) "District" means the Brush Country Groundwater
18	18	Conservation District.
19	19	Sec. 8852.002. NATURE OF DISTRICT. The district is a
20	20	groundwater conservation district created under and essential to
21	21	accomplish the purposes of Section 59, Article XVI, Texas
22	22	Constitution.
23	23	Sec. 8852.003. CONFIRMATION ELECTION REQUIRED. If the
24	24	creation of the district is not confirmed in at least one of the
25	25	territories described by Section 8852.023 at a confirmation
26	26	election held before September 1, 2011:
27	27	(1) the district is dissolved on September 1, 2011,
28	28	except that:
29	29	(A) any debts incurred shall be paid;
30	30	(B) any assets that remain after the payment of
31	31	debts shall be transferred in equal amounts to Jim Hogg, Brooks,
32	32	Hidalgo, and Jim Wells Counties; and
33	33	(C) the organization of the district shall be
34	34	maintained until all debts are paid and remaining assets are
35	35	transferred; and
36	36	(2) this chapter expires September 1, 2013.
37	37	Sec. 8852.004. INITIAL DISTRICT TERRITORY. (a) The
38	38	district is initially composed of the territory described by
39	39	Section 2 of the Act creating this chapter.
40	40	(b) The boundaries described in Section 2 of the Act
41	41	creating this chapter form a closure. A mistake made in describing
42	42	the district's boundaries in the legislative process does not
43	43	affect the district's:
44	44	(1) organization, existence, or validity;
45	45	(2) right to issue any type of bond for the purposes
46	46	for which the district is created or to pay the principal of and
47	47	interest on a bond;
48	48	(3) right to impose an assessment or tax; or
49	49	(4) legality or operation.
50	50	Sec. 8852.005. CONSTRUCTION OF CHAPTER. This chapter shall
51	51	be liberally construed to achieve the legislative intent and
52	52	purposes of Chapter 36, Water Code. A power granted by Chapter 36,
53	53	Water Code, or this chapter shall be broadly interpreted to achieve
54	54	that intent and those purposes.
55	55	[Sections 8852.006-8852.020 reserved for expansion]
56	56	SUBCHAPTER B. DISTRICT CREATION
57	57	Sec. 8852.021. TEMPORARY DIRECTORS. (a) The temporary
58	58	board consists of:
59	59	(1) David Grall;
60	60	(2) Mauro Garcia;
61	61	(3) Robert Scott;
62	62	(4) A. C. Jones IV;
63	63	(5) Mario Martinez;
64	64	(6) Israel Hinojosa;
65	65	(7) a person appointed by the commissioners courts of
66	66	Brooks and Jim Hogg Counties within 60 days of the effective date of
67	67	this Act;
68	68	(8) Jesse Howell;
69	69	(9) Pearson Knolle; and
70	70	(10) Lawrence Cornelius.
71	71	(b) If there is a vacancy on the temporary board, the
72	72	remaining temporary directors shall select a qualified person to
73	73	fill the vacancy.
74	74	(c) Unless the temporary director's term expires under
75	75	Subsection (d), a temporary director serves until the earlier of:
76	76	(1) the date the temporary director becomes an initial
77	77	permanent director under Section 8852.024; or
78	78	(2) the date this chapter expires under Section
79	79	8852.003.
80	80	(d) The following temporary directors' terms expire on the
81	81	date of the canvass of the election to confirm the creation of the
82	82	district:
83	83	(1) David Grall and Mauro Garcia, if the voters in the
84	84	territory described by Section 8852.023(a)(3) vote not to confirm
85	85	the creation of the district;
86	86	(2) Robert Scott, if the voters in the territory
87	87	described by Section 8852.023(a)(1) vote not to confirm the
88	88	creation of the district;
89	89	(3) A. C. Jones IV and Mario Martinez, if the voters in
90	90	the territory described by Section 8852.023(a)(5) vote not to
91	91	confirm the creation of the district;
92	92	(4) Israel Hinojosa, if the voters in the territory
93	93	described by Section 8852.023(a)(4) vote not to confirm the
94	94	creation of the district;
95	95	(5) a person appointed by the commissioners courts of
96	96	Brooks and Jim Hogg Counties, if the creation of the district is
97	97	confirmed by voters of none of the territories described by Section
98	98	8852.023;
99	99	(6) Jesse Howell and Pearson Knolle, if the voters in
100	100	the territory described by Section 8852.023(a)(6) vote not to
101	101	confirm the creation of the district; and
102	102	(7) Lawrence Cornelius, if the voters in the territory
103	103	described by Section 8852.023(a)(2) vote not to confirm the
104	104	creation of the district.
105	105	Sec. 8852.022. ORGANIZATIONAL MEETING OF TEMPORARY
106	106	DIRECTORS. As soon as practicable after all the temporary
107	107	directors have qualified under Section 36.055, Water Code, a
108	108	majority of the temporary directors shall convene the
109	109	organizational meeting of the district at a location within the
110	110	district agreeable to a majority of the directors. If an agreement
111	111	on location cannot be reached, the organizational meeting shall be
112	112	at the Brooks County Courthouse.
113	113	Sec. 8852.023. CONFIRMATION ELECTION. (a) The temporary
114	114	board shall hold an election in each of the following territories in
115	115	the district to confirm the creation of the district and the
116	116	imposition of a maintenance tax:
117	117	(1) the territory in the corporate limits of the city
118	118	of Falfurrias as of January 1, 2009;
119	119	(2) the territory in the corporate limits of the city
120	120	of Alice as of January 1, 2009;
121	121	(3) the territory:
122	122	(A) in Brooks County that, as of January 1, 2009,
123	123	is:
124	124	(i) outside the corporate limits of the
125	125	city of Falfurrias; and
126	126	(ii) not in the Kenedy County Groundwater
127	127	Conservation District; and
128	128	(B) in Hidalgo County that is:
129	129	(i) described by a metes and bounds
130	130	description in Section 2 of the Act creating this chapter; and
131	131	(ii) not in the Kenedy County Groundwater
132	132	Conservation District as of January 1, 2009;
133	133	(4) the territory in the certificated retail water
134	134	service area of the Jim Hogg County Water Control and Improvement
135	135	District No. 2 as of January 1, 2009;
136	136	(5) the territory in Jim Hogg County that is outside
137	137	the certificated retail water service area of the Jim Hogg County
138	138	Water Control and Improvement District No. 2 as of January 1, 2009;
139	139	and
140	140	(6) the territory in Jim Wells County that, as of
141	141	January 1, 2009, is:
142	142	(A) outside the corporate limits of the city of
143	143	Alice; and
144	144	(B) not in the Kenedy County Groundwater
145	145	Conservation District.
146	146	(b) Section 41.001(a), Election Code, does not apply to a
147	147	confirmation election held as provided by this section.
148	148	(c) Except as provided by this section, an election under
149	149	this section must be conducted as provided by Sections 36.017(b),
150	150	(c), and (e), Water Code, and the Election Code.
151	151	(d) The ballot for the election must be printed to provide
152	152	for voting for or against the proposition: "The creation of the
153	153	Brush Country Groundwater Conservation District and the levy of an
154	154	ad valorem tax in the district at a rate not to exceed three cents
155	155	for each $100 of assessed valuation."
156	156	(e) If the majority of voters in a territory described by
157	157	Subsection (a) voting at an election held under this section vote to
158	158	confirm the creation of the district, that territory is included in
159	159	the district. If the majority of voters in a territory described by
160	160	Subsection (a) voting at an election held under this section vote
161	161	not to confirm the creation of the district, that territory is
162	162	excluded from the district.
163	163	(f) If the majority of voters in any of the territories
164	164	described by Subsection (a) voting at an election held under this
165	165	section vote not to confirm the creation of the district, the
166	166	temporary board or any successor board may hold a subsequent
167	167	confirmation election in that territory.
168	168	(g) The district may not impose a maintenance tax unless the
169	169	tax is confirmed under this section.
170	170	Sec. 8852.024. INITIAL PERMANENT DIRECTORS. (a) If the
171	171	creation of the district is confirmed at an election held under
172	172	Section 8852.023 in one or more territories in the district, each
173	173	temporary director who represents a territory that is included in
174	174	the district becomes an initial permanent director of the district.
175	175	(b) The initial permanent directors shall draw lots to
176	176	determine which directors serve a term expiring on June 1 of the
177	177	first even-numbered year after the confirmation election and which
178	178	directors serve a term expiring on June 1 of the next even-numbered
179	179	year.
180	180	Sec. 8852.025. GIFTS AND GRANTS. The temporary board may
181	181	solicit and accept gifts and grants, including services, on the
182	182	district's behalf from any public or private source to provide
183	183	revenue for the district before a confirmation election is held
184	184	under Section 8852.023.
185	185	Sec. 8852.026. RIGHT OF CERTAIN LANDOWNERS TO WITHDRAW FROM
186	186	DISTRICT. A person who owns a tract of land in Brooks or Hidalgo
187	187	County that adjoins the boundaries of the Kenedy County Groundwater
188	188	Conservation District as of the effective date of the Act creating
189	189	this chapter may petition the Kenedy County Groundwater
190	190	Conservation District for annexation into that district.
191	191	Notwithstanding any other law, the Kenedy County Groundwater
192	192	Conservation District may annex territory described by a petition
193	193	under this section. Territory annexed by the Kenedy County
194	194	Groundwater Conservation District under this section not later than
195	195	January 1, 2010, is disannexed at that time from the district
196	196	created by this chapter.
197	197	Sec. 8852.027. LIMITATION OF POWERS OF TEMPORARY BOARD.
198	198	(a) The temporary board may exercise only the powers described by
199	199	Sections 8852.022, 8852.023, and 8852.025.
200	200	(b) Except as required by a law or rule relating to
201	201	participation in a groundwater management area in which the
202	202	district is located, the temporary board may not:
203	203	(1) adopt rules, including rules regarding wells; or
204	204	(2) develop a draft or final management plan.
205	205	[Sections 8852.028-8852.050 reserved for expansion]
206	206	SUBCHAPTER C. BOARD OF DIRECTORS
207	207	Sec. 8852.051. APPOINTMENT OF DIRECTORS; TERMS. (a) Not
208	208	later than June 1 of each even-numbered year, the Commissioners
209	209	Courts of Brooks County, Jim Hogg County, and Jim Wells County shall
210	210	appoint directors as follows:
211	211	(1) the Commissioners Court of Brooks County shall
212	212	appoint:
213	213	(A) one director who represents the municipal
214	214	interests of the territory described by Section 8852.023(a)(1), if
215	215	the territory described by Section 8852.023(a)(1) is included in
216	216	the district; and
217	217	(B) two directors who represent the agricultural
218	218	interests of the territory described by Sections 8852.023(a)(3)(A)
219	219	and (B), if the territory described by Sections 8852.023(a)(3)(A)
220	220	and (B) is included in the district;
221	221	(2) the Commissioners Court of Jim Hogg County shall
222	222	appoint:
223	223	(A) one director who represents the interests of
224	224	Jim Hogg County in the territory described by Section
225	225	8852.023(a)(4), if the territory described by Section
226	226	8852.023(a)(4) is included in the district; and
227	227	(B) two directors who represent the agricultural
228	228	interests of the territory described by Section 8852.023(a)(5), if
229	229	the territory described by Section 8852.023(a)(5) is included in
230	230	the district;
231	231	(3) the Commissioners Court of Jim Wells County shall
232	232	appoint:
233	233	(A) one director who represents the municipal
234	234	interests of the territory described by Section 8852.023(a)(2), if
235	235	the territory described by Section 8852.023(a)(2) is included in
236	236	the district; and
237	237	(B) two directors who represent the agricultural
238	238	interests of the territory described by Section 8852.023(a)(6), if
239	239	the territory described by Section 8852.023(a)(6) is included in
240	240	the district; and
241	241	(4) the Commissioners Courts of Brooks County and Jim
242	242	Hogg County jointly shall appoint one director to represent the
243	243	industrial and mining interests of Jim Hogg and Brooks Counties.
244	244	(b) Directors serve staggered four-year terms that expire
245	245	on June 1 of an even-numbered year.
246	246	Sec. 8852.052. ELIGIBILITY. (a) A director is not
247	247	disqualified from service because the director is an employee,
248	248	manager, director of the board, or officer of a groundwater
249	249	producer that is or may be regulated by the district.
250	250	(b) A temporary director whose term of office expires under
251	251	Section 8852.021(d) is not eligible for appointment as a director.
252	252	Sec. 8852.053. COMPENSATION; REIMBURSEMENT.
253	253	(a) Notwithstanding Section 36.060, Water Code, a director is not
254	254	entitled to receive compensation for performing the duties of a
255	255	director.
256	256	(b) A director is entitled to receive reimbursement for the
257	257	director's reasonable expenses incurred while engaging in
258	258	activities on behalf of the district in accordance with Sections
259	259	36.060(b) and (c), Water Code.
260	260	Sec. 8852.054. VACANCY. A vacancy in the office of director
261	261	shall be filled by appointment of the board in a manner consistent
262	262	with the representational requirements of Section 8852.051. The
263	263	appointed director serves only for the remainder of the unexpired
264	264	term to which the director was appointed.
265	265	[Sections 8852.055-8852.100 reserved for expansion]
266	266	SUBCHAPTER D. POWERS AND DUTIES
267	267	Sec. 8852.101. GROUNDWATER CONSERVATION DISTRICT POWERS
268	268	AND DUTIES. Except as otherwise provided by this chapter, the
269	269	district has the powers and duties provided by the general law of
270	270	this state, including Chapter 36, Water Code, and Section 59,
271	271	Article XVI, Texas Constitution, applicable to groundwater
272	272	conservation districts.
273	273	Sec. 8852.102. CONTRACTS. The district may enter into a
274	274	contract with any person, public or private, for any purpose
275	275	authorized by law.
276	276	Sec. 8852.103. EXEMPTIONS FROM PERMIT REQUIREMENTS.
277	277	(a) Section 36.117, Water Code, applies to the district except
278	278	that for the purposes of applying that section to the district,
279	279	"domestic use" and "livestock use" have the meanings assigned by
280	280	Subsection (b).
281	281	(b) In this section:
282	282	(1) "Domestic use":
283	283	(A) means the use of groundwater by an individual
284	284	or a household to support domestic activities, including the use of
285	285	groundwater for:
286	286	(i) drinking, washing, or culinary
287	287	purposes;
288	288	(ii) irrigating a lawn or a family garden or
289	289	orchard;
290	290	(iii) watering domestic animals; or
291	291	(iv) water recreation, including aquatic
292	292	and wildlife enjoyment; and
293	293	(B) does not include the use of water:
294	294	(i) to support an activity for which
295	295	consideration is given or received or for which the product of the
296	296	activity is sold; or
297	297	(ii) by or for a public water system.
298	298	(2) "Livestock use" means the use of groundwater for
299	299	the open-range watering of livestock, exotic livestock, game
300	300	animals, or fur-bearing animals. For purposes of this subdivision,
301	301	"livestock" and "exotic livestock" have the meanings assigned by
302	302	Sections 1.003 and 142.001, Agriculture Code, respectively, and
303	303	"game animal" and "fur-bearing animal" have the meanings assigned
304	304	by Sections 63.001 and 71.001, Parks and Wildlife Code,
305	305	respectively. Livestock use does not include use by or for a public
306	306	water system.
307	307	Sec. 8852.104. EFFECTS OF TRANSFER. (a) In reviewing a
308	308	proposed transfer of groundwater out of the district in accordance
309	309	with Section 36.122(f), Water Code, the district shall determine
310	310	whether the proposed transfer would have a negative effect on:
311	311	(1) the availability of water in the district;
312	312	(2) the conditions of any aquifer that overlies the
313	313	district;
314	314	(3) subsidence in the district;
315	315	(4) existing permit holders or other groundwater users
316	316	in the district; and
317	317	(5) any applicable approved regional water plan or
318	318	certified district management plan.
319	319	(b) If the district determines under Subsection (a) that the
320	320	transfer would have a negative effect, the district may, in
321	321	addition to the conditions authorized by Section 36.122, Water
322	322	Code, impose other requirements or limitations on the permit that
323	323	are designed to minimize the effect.
324	324	(c) Sections 36.122(c), (i), and (j), Water Code, do not
325	325	apply to a requirement or limitation imposed under this section.
326	326	(d) The district may impose a fee or surcharge as an export
327	327	fee. The restrictions under Section 36.122(e), Water Code, do not
328	328	apply to a fee or surcharge imposed under this subsection.
329	329	Sec. 8852.105. APPLICABILITY OF DISTRICT REGULATIONS.
330	330	Groundwater regulations adopted by the district under this chapter
331	331	apply to all persons except as exempted under Section 36.117, Water
332	332	Code, or this chapter.
333	333	Sec. 8852.106. NO EMINENT DOMAIN POWER. The district may
334	334	not exercise the power of eminent domain.
335	335	Sec. 8852.107. LANDOWNERS' RIGHTS. The rights of
336	336	landowners and their lessees and assigns in groundwater in the
337	337	district are recognized. Nothing in this chapter shall be
338	338	construed to deprive or divest the owners or their lessees and
339	339	assigns of their rights, subject to district rules.
340	340	Sec. 8852.108. LIMITATION ON RULEMAKING POWER NOT
341	341	APPLICABLE. Section 36.121, Water Code, does not apply to the
342	342	district.
343	343	[Sections 8852.109-8852.150 reserved for expansion]
344	344	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
345	345	Sec. 8852.151. REVENUE. To pay the maintenance and
346	346	operating costs of the district and to pay any bonds or notes issued
347	347	by the district, the district may impose ad valorem taxes at a rate
348	348	not to exceed three cents on each $100 of assessed valuation of
349	349	taxable property in the district.
350	350	Sec. 8852.152. GRANTS, GIFTS, AND DONATIONS. The district
351	351	may solicit and accept grants, gifts, and donations from any public
352	352	or private source.
353	353	[Sections 8852.153-8852.200 reserved for expansion]
354	354	SUBCHAPTER F. DISSOLUTION
355	355	Sec. 8852.201. SUBCHAPTER CUMULATIVE. The provisions of
356	356	this subchapter are cumulative of the provisions of Subchapter I,
357	357	Chapter 36, Water Code.
358	358	Sec. 8852.202. DISSOLUTION BY ELECTION. (a) After January
359	359	1, 2016, the board shall order an election on the question of
360	360	dissolving the district if the board receives a petition requesting
361	361	that an election be held for that purpose that is signed by at least
362	362	15 percent of the district's registered voters.
363	363	(b) Not later than the 30th day after the date the board
364	364	receives the petition, the directors shall:
365	365	(1) validate the signatures on the petition; and
366	366	(2) if the signatures are validated, order an election
367	367	on the next uniform election date under Section 41.001, Election
368	368	Code.
369	369	(c) The order calling the election must state the nature of
370	370	the election, including the proposition that is to appear on the
371	371	ballot.
372	372	Sec. 8852.203. NOTICE OF ELECTION. Notice of an election
373	373	under this subchapter must be provided by posting a copy of the
374	374	order calling the election in at least one conspicuous place for at
375	375	least 10 days before the day of the election at the county
376	376	courthouse in Brooks County, Jim Hogg County, Jim Wells County, and
377	377	Hidalgo County.
378	378	Sec. 8852.204. BALLOT. The ballot for an election under
379	379	this subchapter must be printed to permit voting for or against the
380	380	proposition: "The dissolution of the Brush Country Groundwater
381	381	Conservation District."
382	382	Sec. 8852.205. ELECTION RESULTS; DISPOSITION OF ASSETS. If
383	383	a majority of the votes in an election under this subchapter favor
384	384	dissolution:
385	385	(1) the board shall find that the district is
386	386	dissolved; and
387	387	(2) Section 36.310, Water Code, applies for the
388	388	purpose of disposition of the district's assets.
389	389	SECTION 2. The Brush Country Groundwater Conservation
390	390	District initially includes all the territory contained in the
391	391	following area:
392	392	(a) all real property within the boundaries of Jim Hogg
393	393	County, Texas;
394	394	(b) all real property in Brooks County save and except all
395	395	of those portions of Brooks County that, as of the effective date of
396	396	this Act, are located within the Kenedy County Groundwater
397	397	Conservation District;
398	398	(c) all real property in Jim Wells County save and except
399	399	all of those portions of Jim Wells County that, as of January 1,
400	400	2009, are located within the Kenedy County Groundwater Conservation
401	401	District; and
402	402	(d) all real property in Hidalgo County contained in the
403	403	following described area and which is not located within the Kenedy
404	404	County Groundwater Conservation District as of the effective date
405	405	of this Act:
406	406	10,953.38 acres of land, more or less, out of the Guadalupe
407	407	Sanchez Grant, Abstract 481, Brooks County, Texas, also known as
408	408	the "La Rucia Grant", and any adjoining surveys, the said 10,953.38
409	409	acres being more particularly described as follows:
410	410	COMMENCING at a Stone marking the southwest corner of the
411	411	Juan Garza Diaz Grant, Abstract 192, Brooks County, Texas, and
412	412	Abstract 82, in Hidalgo County, Texas, being also an inner corner of
413	413	the Argyle McAllen 8827.00 acre-tract as described in that certain
414	414	Oil, Gas and Mineral Lease executed by Argyle McAllen in favor of
415	415	Shell Oil Company, dated January 10, 1958, and recorded in Volume
416	416	210, Page 342, of the Oil and Gas Records of said County;
417	417	THENCE North 01 15' 50" East with the east line of the said
418	418	"La Rucia Grant" and with a fence, a distance of 322.2 varas to a
419	419	fence corner marking the south-east corner and BEGINNING POINT of
420	420	the herein described tract;
421	421	THENCE in a westerly direction with the said fence, being
422	422	also the north line of the said McAllen 8827.00-acre tract and with
423	423	the north line of the Argyle McAllen 23,597.00 acre tract as
424	424	described in the Oil, Gas and Mineral lease executed by Argyle
425	425	McAllen in favor of Shell Oil Company, dated September 5, 1947, and
426	426	recorded in Volume 74, page 112, of the Oil and Gas Records of
427	427	Hidalgo County, Texas; thence with said line the following courses
428	428	and distances: North 85 06' 40" West, 3538.3 varas; North 84 39'
429	429	20" West, 2104.4 varas; and North 81 32' 50" West, 725.3 varas to a
430	430	southeast corner of the J. C. McGill, Jr., et al 640-acre tract,
431	431	being a part of a 38,644.1-acre tract, being also a point on the
432	432	east line of the Texas-Mexico R. R. Survey No. 189, Abstract 157;
433	433	THENCE North 00 55' East with the said fence and the east
434	434	lines of the said Tex-Mex R. R. Survey No. 189, the Tex-Mex R. R.
435	435	Survey No. 190, Abstract 785, and the Tex-Mex R. R. Survey No. 191,
436	436	Abstract 158, a total distance of 5076.5 varas to a point for
437	437	corner, from which a Mesquite Marked "X" bears South 61 45' East
438	438	74.0 varas;
439	439	THENCE, North 00 54' East with the said fence and with the
440	440	east line of the Jose Antonio Morales Garcia and Apolinario Morales
441	441	Garcia Grant, known as the "San Antonio Grant", Abstract 214,
442	442	Brooks County, Abstract 578, Hidalgo County, and Abstract 103 in
443	443	Starr County, a distance of 4280.8 varas to the fence corner, the
444	444	southwest corner of the Louella Jones Borglum 7036.01-acre tract
445	445	(called 8576.50 acres);
446	446	THENCE, South 89 40' East with the south fence and with the
447	447	south line of the said Borglum 7036.01 acre tract a distance of
448	448	6202.3 varas to a fence corner marking the southeast corner of the
449	449	same, being also a point on the west line of the Juan Garza Diaz
450	450	Grant, also known as the "Vargas Grant", Abstract 192, in Brooks
451	451	County, and Abstract 82, in Hidalgo County, Texas;
452	452	THENCE South 00 04' West with the said fence and the west line
453	453	of the said "Vargas Grant", a distance of 9924.7 varas to the PLACE
454	454	OF BEGINNING and containing 10,953.38 acres of land, more or less.
455	455	SECTION 3. (a) The legal notice of the intention to
456	456	introduce this Act, setting forth the general substance of this
457	457	Act, has been published as provided by law, and the notice and a
458	458	copy of this Act have been furnished to all persons, agencies,
459	459	officials, or entities to which they are required to be furnished
460	460	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
461	461	Government Code.
462	462	(b) The governor has submitted the notice and Act to the
463	463	Texas Commission on Environmental Quality.
464	464	(c) The Texas Commission on Environmental Quality has filed
465	465	its recommendations relating to this Act with the governor,
466	466	lieutenant governor, and speaker of the house of representatives
467	467	within the required time.
468	468	(d) 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 are fulfilled
471	471	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 hereby certify that S.B. No. 2456 passed the Senate on
480	480	April 30, 2009, by the following vote: Yeas 31, Nays 0; and that
481	481	the Senate concurred in House amendments on May 29, 2009, by the
482	482	following vote: Yeas 31, Nays 0.
483	483	______________________________
484	484	Secretary of the Senate
485	485	I hereby certify that S.B. No. 2456 passed the House, with
486	486	amendments, on May 26, 2009, by the following vote: Yeas 145,
487	487	Nays 0, two present not voting.
488	488	______________________________
489	489	Chief Clerk of the House
490	490	Approved:
491	491	______________________________
492	492	Date
493	493	______________________________
494	494	Governor