Texas 2009 - 81st Regular

Texas Senate Bill SB2525 Compare Versions

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

Old	New	Differences
1	1	81R6599 SJM-D
2	2	By: Deuell S.B. No. 2525
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Kaufman County Parks Improvement
8	8	District; providing authority to impose a tax and issue bonds;
9	9	providing penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3873 to read as follows:
13	13	CHAPTER 3873. KAUFMAN COUNTY PARKS IMPROVEMENT DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3873.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Forney.
18	18	(3) "Commissioners court" means the Commissioners
19	19	Court of Kaufman County.
20	20	(4) "County" means Kaufman County.
21	21	(5) "Director" means a board director.
22	22	(6) "District" means the Kaufman County Parks
23	23	Improvement District.
24	24	(7) "Park" includes any land, including any
25	25	improvements to the land, that is located in the district or owned
26	26	or leased by the city for use of the general public.
27	27	Sec. 3873.002. NATURE OF DISTRICT. The Kaufman County
28	28	Parks Improvement District is a special district created under
29	29	Section 59, Article XVI, Texas Constitution.
30	30	Sec. 3873.003. PURPOSE; DECLARATION OF INTENT. (a) The
31	31	creation of the district is essential to accomplish the purposes of
32	32	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
33	33	Texas Constitution, and other public purposes stated in this
34	34	chapter. By creating the district and in authorizing the city, the
35	35	county, and other political subdivisions to contract with the
36	36	district, the legislature has established a program to accomplish
37	37	the public purposes set out in Section 52-a, Article III, Texas
38	38	Constitution.
39	39	(b) The creation of the district is necessary to promote,
40	40	develop, encourage, and maintain tourism, recreation, the arts,
41	41	entertainment, economic development, safety, and the public
42	42	welfare in the district.
43	43	(c) This chapter and the creation of the district may not be
44	44	interpreted to relieve the city or county from providing the level
45	45	of services provided, as of the effective date of the Act enacting
46	46	this chapter, to the area in the district. The district is created
47	47	to supplement and not to supplant the city or county services
48	48	provided in the area in the district.
49	49	Sec. 3873.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
50	50	The district is created to serve a public use and benefit.
51	51	(b) All land and other property included in the district
52	52	will benefit from the improvements and services to be provided by
53	53	the district under powers conferred by Sections 52 and 52-a,
54	54	Article III, and Section 59, Article XVI, Texas Constitution, and
55	55	other powers granted under this chapter.
56	56	(c) The creation of the district is in the public interest
57	57	and is essential to:
58	58	(1) further the public purposes of developing and
59	59	diversifying the economy of the state; and
60	60	(2) preserve and conserve the natural resources of the
61	61	state.
62	62	(d) The district will:
63	63	(1) promote the health, safety, and general welfare of
64	64	residents, employers, employees, potential employees, visitors,
65	65	and consumers in the district, and of the public;
66	66	(2) promote the health, safety, welfare, and enjoyment
67	67	of the public by landscaping, developing, maintaining, financing,
68	68	operating, and making capital improvements to parks in the
69	69	district, which are necessary for the restoration, preservation,
70	70	and enhancement of scenic beauty;
71	71	(3) conserve the natural resources of the district;
72	72	and
73	73	(4) cooperate with the city in the furtherance of
74	74	common purposes of the city and the district.
75	75	(e) The district will not act as the agent or
76	76	instrumentality of any private interest even though the district
77	77	will benefit many private interests as well as the public.
78	78	Sec. 3873.005. INITIAL DISTRICT TERRITORY. The district is
79	79	initially composed of the territory described by Section 2 of the
80	80	Act enacting this chapter.
81	81	Sec. 3873.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
82	82	All or any part of the area of the district is eligible to be
83	83	included in:
84	84	(1) a tax increment reinvestment zone created under
85	85	Chapter 311, Tax Code;
86	86	(2) a tax abatement reinvestment zone created under
87	87	Chapter 312, Tax Code; or
88	88	(3) an enterprise zone created under Chapter 2303,
89	89	Government Code.
90	90	Sec. 3873.007. LIBERAL CONSTRUCTION OF CHAPTER. This
91	91	chapter shall be liberally construed in conformity with the
92	92	findings and purposes stated in this chapter.
93	93	[Sections 3873.008-3873.050 reserved for expansion]
94	94	SUBCHAPTER B. CONFIRMATION OF CREATION OF DISTRICT
95	95	Sec. 3873.051. CONFIRMATION ELECTION. (a) The
96	96	commissioners court may order an election on the issue of
97	97	confirming the creation of a district:
98	98	(1) on the commissioners court's own motion; or
99	99	(2) after the filing of a written petition signed by a
100	100	number of the registered voters who reside in the area of the
101	101	proposed district equal to at least five percent of the votes
102	102	received in that area in the most recent gubernatorial general
103	103	election.
104	104	(b) The petition or commissioners court's motion must
105	105	include:
106	106	(1) the name of the district;
107	107	(2) an accurate description of the area included in
108	108	the district by any appropriate method, including by metes and
109	109	bounds and by public roads or rights-of-way; and
110	110	(3) an accurate plat of the area included in the
111	111	district.
112	112	Sec. 3873.052. NOTICE OF HEARING. (a) If a petition is
113	113	filed under Section 3873.051(a)(2), the commissioners court shall
114	114	set a date for a hearing on the petition that is after the 20th day
115	115	but on or before the 40th day after the date the petition is filed.
116	116	(b) The commissioners court shall publish notice of the
117	117	petition and the hearing date in a newspaper of general circulation
118	118	in the county.
119	119	(c) The notice must be published once each week for a period
120	120	of two weeks before the hearing date.
121	121	Sec. 3873.053. HEARING. (a) At the hearing, evidence
122	122	shall be taken as in civil cases in the county court. The
123	123	commissioners court shall hear all arguments for and against
124	124	confirming the creation of the district.
125	125	(b) The hearing may be adjourned from time to time on good
126	126	cause shown.
127	127	(c) The commissioners court shall grant the petition and
128	128	order the election on the issue of confirming the creation of the
129	129	district if the commissioners court finds that:
130	130	(1) the petition is signed by the required number of
131	131	registered voters;
132	132	(2) the district will serve the purposes prescribed by
133	133	Sections 3873.003 and 3873.004; and
134	134	(3) the district includes any area within the
135	135	boundaries of the city.
136	136	Sec. 3873.054. CONFIRMATION ELECTION. (a) The election
137	137	shall be held in the area of the proposed district on the date of the
138	138	first regularly scheduled countywide election that follows the date
139	139	of the order of the election and for which there is sufficient time
140	140	to comply with other requirements of law.
141	141	(b) The returns on the election shall be certified and
142	142	canvassed and the results declared, in the same manner as provided
143	143	for other county elections. If a majority of the votes received on
144	144	the issue favor creation of the district, the commissioners court
145	145	shall declare the creation of the district confirmed and shall
146	146	enter the results in its minutes at its next regularly scheduled
147	147	meeting.
148	148	Sec. 3873.055. COSTS OF CREATION, CONFIRMATION, AND
149	149	ORGANIZATION. The costs necessarily incurred in the creation,
150	150	confirmation, and organization of the district may be paid from the
151	151	district's tax revenue or from revenue from bond anticipation
152	152	notes, the first revenue bonds issued by the district, or any other
153	153	source.
154	154	[Sections 3873.056-3873.100 reserved for expansion]
155	155	SUBCHAPTER C. BOARD OF DIRECTORS
156	156	Sec. 3873.101. GOVERNING BODY; TERMS. The district is
157	157	governed by a board of five directors who serve staggered terms of
158	158	four years, with two or three directors' terms expiring June 1 of
159	159	each odd-numbered year.
160	160	Sec. 3873.102. ELECTION DATE. The board shall hold
161	161	elections for directors on the uniform election date in May in
162	162	odd-numbered years. The elections of the first directors under
163	163	this section shall be held on the first uniform election date in May
164	164	that occurs in the years in which initial directors' terms expire
165	165	under Section 3873.107.
166	166	Sec. 3873.103. ELIGIBILITY. (a) A director must be a
167	167	citizen of the United States and must reside in the district.
168	168	(b) A director may not be an officer or employee of the
169	169	county or the city.
170	170	(c) A director may not serve more than four consecutive full
171	171	terms.
172	172	Sec. 3873.104. VACANCY. If a vacancy occurs on the board,
173	173	the board shall appoint a person to fill the vacancy for the
174	174	remainder of the unexpired term.
175	175	Sec. 3873.105. QUORUM. Four directors constitute a quorum
176	176	of the board. The board may act on the majority of the vote of the
177	177	assembled quorum.
178	178	Sec. 3873.106. COMPENSATION AND REIMBURSEMENT. A director
179	179	is not entitled to compensation but is entitled to reimbursement
180	180	for necessary expenses, including travel expenses, incurred in
181	181	performing the duties of a director. If the amount of a director's
182	182	reimbursement for necessary expenses exceeds $250, the board must
183	183	approve the reimbursement.
184	184	Sec. 3873.107. INITIAL VOTING DIRECTORS. (a) The initial
185	185	board consists of the following voting directors:
186	186	Pos. No.Name of Director
187	187	1 _______________
188	188	2 _______________
189	189	3 _______________
190	190	4 _______________
191	191	5 _______________
192	192	(b) Of the initial directors, the terms of directors
193	193	appointed for positions 1 through 3 expire June 1, 2011, and the
194	194	terms of directors appointed for positions 4 and 5 expire June 1,
195	195	2013.
196	196	(c) Section 3873.102 does not apply to this section.
197	197	(d) If permanent directors have not been elected under
198	198	Section 3873.102 and the terms of the temporary directors expire,
199	199	the commissioners court shall appoint successor temporary
200	200	directors to serve four-year terms.
201	201	[Sections 3873.108-3873.150 reserved for expansion]
202	202	SUBCHAPTER D. POWERS AND DUTIES
203	203	Sec. 3873.151. DEPOSITORIES AND DISBURSEMENTS. (a) Money
204	204	and other funds belonging to or under control of the board are
205	205	public funds.
206	206	(b) The board shall select depositories for the money.
207	207	(c) A warrant or check for the withdrawal of money must be
208	208	signed by two persons authorized to sign a warrant or check by
209	209	resolution entered in the minutes of the board.
210	210	Sec. 3873.152. PERSONNEL. (a) The board may employ
211	211	managers, secretaries, stenographers, bookkeepers, accountants,
212	212	technical experts, and any other support personnel or agents the
213	213	board considers necessary.
214	214	(b) The board shall determine the qualifications and set the
215	215	duties of employees.
216	216	(c) The board may call on the county attorney, district
217	217	attorney, or criminal district attorney of the county for the legal
218	218	services it requires. In addition, or in the alternative, the board
219	219	may contract for and compensate its own legal staff.
220	220	Sec. 3873.153. SEAL. The board shall adopt a seal to place
221	221	on each lease, deed, or other instrument usually executed under
222	222	seal and on other instruments as the board requires.
223	223	Sec. 3873.154. CONTRACTS. (a) The board may enter into any
224	224	contract that the board considers necessary or convenient to carry
225	225	out the purposes and powers granted by this chapter, including a
226	226	lease or other contract connected with, incident to, or affecting
227	227	the acquisition, financing, construction, equipment, maintenance,
228	228	renovation, repair, improvement, or operation of real property or
229	229	facilities.
230	230	(b) If the contract is for an amount less than or equal to
231	231	the amount provided by Section 262.023, Local Government Code, the
232	232	board may enter into the contract without advertisement. If the
233	233	contract is for more than that amount, the contract is subject to
234	234	the bidding provisions for contracts applicable to a county under
235	235	that section.
236	236	(c) To be effective, a contract must be:
237	237	(1) approved by resolution of the board;
238	238	(2) executed by the president or vice president; and
239	239	(3) attested by the secretary or treasurer.
240	240	Sec. 3873.155. SUITS. The board may sue and be sued in its
241	241	own name.
242	242	Sec. 3873.156. DISTRICT RULES AND ORDERS; CRIMINAL PENALTY;
243	243	CIVIL ENFORCEMENT. (a) The board may adopt reasonable rules and
244	244	orders applicable to:
245	245	(1) the administration, enforcement, and collection
246	246	of district taxes;
247	247	(2) littering and litter abatement in the parks in the
248	248	district, including the possession and disposition of glass
249	249	containers;
250	250	(3) activities that endanger the health and safety of
251	251	persons or property in parks in the district;
252	252	(4) tenants, business privileges, concessionaires,
253	253	users, and activities affecting district property and facilities,
254	254	including any provision necessary to protect and conserve natural
255	255	resources; and
256	256	(5) a road that borders or runs through a park, subject
257	257	to an applicable municipal ordinance.
258	258	(b) A police officer, constable, sheriff, or other law
259	259	enforcement officer with jurisdiction in the county may arrest a
260	260	person violating rules or orders of the board and carry out the
261	261	prosecution of a person arrested under this subsection in the
262	262	proper court.
263	263	(c) A person who violates a rule or order adopted under this
264	264	section commits an offense. An offense under this section is a
265	265	Class C misdemeanor.
266	266	(d) The county attorney, district attorney, and criminal
267	267	district attorney or an attorney retained by the board for this
268	268	purpose may bring an action to enjoin a violation of board rules or
269	269	orders.
270	270	Sec. 3873.157. BOND NOT REQUIRED. If the board brings an
271	271	action to enforce this subchapter or enjoin a violation of a rule or
272	272	order adopted by the board under this subchapter, the board is not
273	273	required to post a bond.
274	274	Sec. 3873.158. POWER TO ACQUIRE PROPERTY. (a) For the
275	275	conservation of the district's natural resources, the board may
276	276	acquire land in the county, inside or outside the district,
277	277	including streams, lakes, submerged lands, and swamplands, to
278	278	create parks. The board may develop, improve, protect, and promote
279	279	the land in a manner the board considers conducive to the general
280	280	welfare.
281	281	(b) The land may be acquired by:
282	282	(1) gift or devise;
283	283	(2) lump-sum payment; or
284	284	(3) installment payments regardless of an option to
285	285	purchase.
286	286	(c) The district does not have the power of eminent domain.
287	287	(d) The commissioners court by eminent domain may not
288	288	acquire land for park purposes and subsequently transfer by any
289	289	means the land or control of the land to the board for park
290	290	purposes. If the commissioners court by eminent domain acquires
291	291	land for purposes other than park purposes, the court may not
292	292	subsequently transfer by any means the land or control of the land
293	293	to the board for park purposes unless at least 10 years have expired
294	294	after the date of the acquisition by the court. This subsection
295	295	applies only to land that the commissioners court acquires by
296	296	eminent domain.
297	297	Sec. 3873.159. SALE OR LEASE OF LANDS. (a) If the board
298	298	determines that land owned by the district is not necessary for the
299	299	purposes for which the land was acquired, the board may sell and
300	300	dispose of the land on terms the board considers advisable.
301	301	(b) The board may lease or permit the use of land for
302	302	purposes consistent with the purposes for which the land was
303	303	acquired and on terms the board considers advisable.
304	304	(c) Before land owned by the district may be sold, once a
305	305	week for four consecutive weeks in a newspaper of general
306	306	circulation in the county the board must publish a notice of its
307	307	intention to sell the land. The notice must include an accurate
308	308	description of the land, the time of a public hearing that is before
309	309	the 10th day before the disposition date, and the time and place at
310	310	which sealed bids will be received.
311	311	Sec. 3873.160. ACCEPTANCE OF GRANTS AND GRATUITIES. To
312	312	promote, establish, or accomplish a purpose of this chapter, the
313	313	board may:
314	314	(1) accept grants and gratuities in any form from any
315	315	source, including the United States government, this state, any
316	316	state or federal agency, any private or public corporation, or any
317	317	other person;
318	318	(2) accept donations of money or other property; and
319	319	(3) act as trustee of land, money, or other property.
320	320	Sec. 3873.161. COOPERATION WITH OTHER PUBLIC AUTHORITIES.
321	321	Under an agreement with a public authority, including the city, in
322	322	control of parkland in the county, the district may assume control
323	323	of all or part of the parkland in or contiguous to the district or
324	324	may contract or cooperate with the authority in connection with the
325	325	use, development, improvement, and protection of the parkland.
326	326	Sec. 3873.162. REQUIREMENTS FOR RENTAL OF WATER-ORIENTED
327	327	RECREATIONAL EQUIPMENT. (a) This section applies only to the
328	328	rental of water-oriented recreational equipment in the district.
329	329	(b) A person may not rent water-oriented recreational
330	330	equipment to a person younger than 18 years of age.
331	331	(c) A person may rent water-oriented recreational equipment
332	332	to a person who is at least 18 years of age only if:
333	333	(1) each person who is at least 18 years of age who
334	334	will use the equipment signs a written agreement for the rental of
335	335	that equipment; and
336	336	(2) each person who will use the equipment, regardless
337	337	of age, is listed on the agreement.
338	338	Sec. 3873.163. PLAN FOR DEVELOPMENT OF PARKS; ANNUAL
339	339	BUDGET; FILING. (a) The board shall develop and approve a
340	340	three-year master plan for capital development and the development
341	341	of parks and district facilities.
342	342	(b) The board shall annually review and revise the master
343	343	plan during the budget process and shall file a copy of the master
344	344	plan and revisions with the county clerk.
345	345	(c) The board shall annually develop and approve a one-year
346	346	budget that must include the suggested revisions and additions to
347	347	the master plan.
348	348	(d) The board shall submit the annual budget to the
349	349	commissioners court for approval and shall file a copy with the
350	350	county clerk.
351	351	[Sections 3873.164-3873.200 reserved for expansion]
352	352	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
353	353	Sec. 3873.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
354	354	board by resolution shall establish the number of directors'
355	355	signatures and the procedure required for a disbursement or
356	356	transfer of the district's money.
357	357	Sec. 3873.202. GENERAL OBLIGATION AND REVENUE BONDS. For
358	358	the payment of all or part of the costs of a park improvement
359	359	project or park services, the board may issue bonds in one or more
360	360	series payable from and secured by ad valorem taxes, revenues,
361	361	grants, gifts, contracts, leases, or any combination of those
362	362	funds. Bonds may be liens on all or part of the revenue derived from
363	363	park improvements or services authorized under this chapter.
364	364	Sec. 3873.203. TERMS AND CONDITIONS OF BONDS. (a) Bonds may
365	365	be issued to mature serially or otherwise not more than 40 years
366	366	from their date of issue.
367	367	(b) If provided by the bond order or resolution, the
368	368	proceeds from the sale of bonds may be used to pay interest on the
369	369	bonds during and after the period of the acquisition or
370	370	construction of any park improvement project to be provided through
371	371	the issuance of the bonds, to administrative and operation expenses
372	372	to create a reserve fund for the payment of the principal of and
373	373	interest on the bonds, and to create any other funds.
374	374	Sec. 3873.204. PLEDGES. (a) The board may pledge all or
375	375	part of the income from park improvement projects financed under
376	376	this chapter or from any other source to the payment of the bonds,
377	377	including the payment of principal, interest, and any other amounts
378	378	required or permitted in connection with the bonds. The pledged
379	379	income shall be set and collected in amounts that will be at least
380	380	sufficient, with any other pledged resources, to provide for all
381	381	payments of principal, interest, and any other amounts required in
382	382	connection with the bonds and, to the extent required by the order
383	383	or resolution authorizing the issuance of the bonds, to provide for
384	384	the payment of expenses in connection with the bonds and to pay
385	385	operation, maintenance, and other expenses in connection with the
386	386	improvement projects authorized under this chapter.
387	387	(b) Bonds may be additionally secured by a mortgage or deed
388	388	of trust on real property relating to the facilities authorized
389	389	under this chapter owned or to be acquired by the district and by
390	390	chattel mortgages, liens, or security interests on personal
391	391	property appurtenant to that real property. The board may
392	392	authorize the execution of trust indentures, mortgages, deeds of
393	393	trust, or other forms of encumbrance to evidence the indebtedness.
394	394	(c) The board may pledge to the payment of the bonds all or
395	395	any part of any grant, donation, revenue, or income received or to
396	396	be received from the United States government or any other public or
397	397	private source.
398	398	Sec. 3873.205. MUNICIPAL APPROVAL. (a) A district must
399	399	obtain the approval of the governing body of the city before issuing
400	400	bonds for a park improvement project and for the plans and
401	401	specifications of a park improvement project financed by the bond
402	402	issuance.
403	403	(b) Instead of approval of bonds by the city, the district
404	404	before finally approving a capital improvements budget may obtain
405	405	approval from the governing body of the city of a capital
406	406	improvements budget for a period not to exceed five years. If a
407	407	district obtains approval of a capital improvements budget, it may
408	408	finance the capital improvements and issue bonds specified in the
409	409	budget without further approval from the city.
410	410	(c) The district must obtain approval from the city of the
411	411	plans and specifications of any park improvement project that
412	412	involves the use of the rights-of-way of streets, roads, or
413	413	highways or the use of city land or any easements granted by the
414	414	city.
415	415	(d) The city is not obligated to pay any bonds, notes, or
416	416	other obligations of the district.
417	417	Sec. 3873.206. AD VALOREM TAX; ELECTION. (a) The district
418	418	must hold an election in the manner provided by Subchapter L,
419	419	Chapter 375, Local Government Code, to obtain voter approval before
420	420	the district imposes an ad valorem tax.
421	421	(b) If authorized at an election under Subsection (a) and
422	422	subject to Subsection (c), the district may impose an annual ad
423	423	valorem tax on taxable property in the district to:
424	424	(1) maintain and operate the district;
425	425	(2) construct or acquire park improvements; or
426	426	(3) provide a park service.
427	427	(c) The board shall determine the tax rate. The tax rate may
428	428	not exceed 35 cents per $100 valuation.
429	429	[Sections 3873.207-3873.250 reserved for expansion]
430	430	SUBCHAPTER F. DISSOLUTION
431	431	Sec. 3873.251. DISSOLUTION. (a) The commissioners court by
432	432	order may dissolve the district. The order may be adopted:
433	433	(1) on the commissioners court's own motion; or
434	434	(2) after the filing of a written petition signed by a
435	435	number of the registered voters who reside in the district equal to
436	436	at least 10 percent of the votes received in the district in the
437	437	most recent gubernatorial general election.
438	438	(b) The commissioners court shall give notice of a hearing
439	439	on the petition and hold a hearing in the manner prescribed by
440	440	Sections 3873.052 and 3873.053 for a petition for confirming the
441	441	creation of the district.
442	442	(c) The commissioners court shall grant the petition and
443	443	order the dissolution of the district if the court finds that the
444	444	petition meets the requirements of this section and that the
445	445	dissolution is in the best interest of the county.
446	446	(d) On dissolution of the district, the property and other
447	447	assets, the debts and other liabilities, and the obligations of the
448	448	district that are not related to city property become those of the
449	449	county. The property and other assets, the debts and other
450	450	liabilities, and the obligations of the district that are related
451	451	to city property become those of the city.
452	452	SECTION 2. The Kaufman County Parks Improvement District
453	453	initially includes all territory contained in Forney Independent
454	454	School District that is not included in the boundaries of the City
455	455	of Forney as it exists on the effective date of this Act.
456	456	SECTION 3. (a) The legal notice of the intention to
457	457	introduce this Act, setting forth the general substance of this
458	458	Act, has been published as provided by law, and the notice and a
459	459	copy of this Act have been furnished to all persons, agencies,
460	460	officials, or entities to which they are required to be furnished
461	461	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
462	462	Government Code.
463	463	(b) The governor, one of the required recipients, has
464	464	submitted the notice and Act to the Texas Commission on
465	465	Environmental Quality.
466	466	(c) The Texas Commission on Environmental Quality has filed
467	467	its recommendations relating to this Act with the governor,
468	468	lieutenant governor, and speaker of the house of representatives
469	469	within the required time.
470	470	(d) The general law relating to consent by political
471	471	subdivisions to the creation of districts with conservation,
472	472	reclamation, and road powers and the inclusion of land in those
473	473	districts has been complied with.
474	474	(e) 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 have been
477	477	fulfilled and accomplished.
478	478	SECTION 4. 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.