82R11357 JXC-F
By: Zerwas H.B. No. 3827
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fulshear Town Center Management
District; providing authority to impose an assessment, impose a
tax, and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3903 to read as follows:
CHAPTER 3903. FULSHEAR TOWN CENTER MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3903.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Fulshear.
(3) "County" means Fort Bend County.
(4) "Director" means a board member.
(5) "District" means the Fulshear Town Center
Management District.
Sec. 3903.002. CREATION AND NATURE OF DISTRICT. The
Fulshear Town Center Management District is a special district
created under Section 59, Article XVI, Texas Constitution.
Sec. 3903.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) The district is created to supplement and not to
supplant city services provided in the district.
Sec. 3903.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment;
(3) developing or expanding transportation and
commerce; and
(4) providing quality residential housing.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a residential community and business
center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, vehicle parking, and street art objects are parts of
and necessary components of a street and are considered to be an
improvement project that includes a street or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3903.005. DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the
Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3903.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
(b) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city and the board of directors of
the zone, by contract with the district, may grant money deposited
in the tax increment fund to the district to be used by the district
for the purposes permitted for money granted to a corporation under
Section 380.002(b), Local Government Code, including the right to
pledge the money as security for any bonds issued by the district
for an improvement project. A project may not receive public funds
under Section 380.002(b), Local Government Code, unless the project
complies with a development agreement entered into under Section
3903.207.
(c) A tax increment reinvestment zone created by the city in
the district is not subject to the limitations provided by Section
311.006(b), Tax Code.
(d) A tax increment reinvestment zone or a tax abatement
reinvestment zone may not include territory in the district unless
the governing body of the city approves the inclusion.
Sec. 3903.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3903.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3903.009-3903.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3903.051. GOVERNING BODY; TERMS. The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring
June 1 of each even-numbered year.
Sec. 3903.052. QUALIFICATIONS OF DIRECTORS APPOINTED BY
CITY. (a) To be qualified to serve as a director appointed by the
governing body of the city, a person must be:
(1) a resident of the district who is also a registered
voter of the district;
(2) an owner of property in the district;
(3) an owner of stock or a partnership or membership
interest, whether beneficial or otherwise, of a corporate
partnership, limited liability company, or other entity owner of a
direct or indirect interest in property in the district;
(4) an owner of a beneficial interest in a trust, or a
trustee in a trust, that directly or indirectly owns property in the
district; or
(5) an agent, employee, or tenant of a person
described by Subdivision (2), (3), or (4).
(b) Section 49.052, Water Code, does not apply to the
district.
Sec. 3903.053. APPOINTMENT OF DIRECTORS. The governing
body of the city shall appoint directors from persons recommended
by the board.
Sec. 3903.054. VACANCY. If a vacancy occurs on the board,
the remaining directors shall appoint a director for the remainder
of the unexpired term.
Sec. 3903.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A
director shall file the director's oath or affirmation of office
with the district, and the district shall retain the oath or
affirmation in the district records.
(b) A director shall file a copy of the director's oath or
affirmation with the secretary of the city.
Sec. 3903.056. OFFICERS. The board shall elect from among
the directors a chair, a vice chair, and a secretary. The offices
of chair and secretary may not be held by the same person.
Sec. 3903.057. COMPENSATION; EXPENSES. A director is not
entitled to compensation but is entitled to reimbursement for
necessary and reasonable expenses incurred in carrying out the
duties and responsibilities of the board.
Sec. 3903.058. LIABILITY INSURANCE. The district may
obtain and pay for comprehensive general liability insurance
coverage from a commercial insurance company or other source that
protects and insures a director against personal liability and from
all claims relating to:
(1) actions taken by the director in the director's
capacity as a member of the board;
(2) actions and activities taken by the district; or
(3) the actions of others acting on behalf of the
district.
Sec. 3903.059. NO EXECUTIVE COMMITTEE. The board may not
create an executive committee to exercise the powers of the board.
Sec. 3903.060. BOARD MEETINGS. The board shall hold
meetings at a place accessible to the public.
Sec. 3903.061. INITIAL DIRECTORS. (a) The initial board
consists of:
Pos. No. Name of Director
1 ________________
2 ________________
3 ________________
4 ________________
5 ________________
(b) The terms of the initial directors expire June 1, 2012.
(c) Of the directors who replace an initial director, the
terms of directors serving in positions 1, 2, and 3 expire June 1,
2014, and the terms of directors serving in positions 4 and 5 expire
June 1, 2016.
(d) Section 3903.052 does not apply to this section.
(e) This section expires September 1, 2016.
[Sections 3903.062-3903.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3903.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3903.102. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 3903.103. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3903.104. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3903.105. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county or the city, to provide law enforcement
services in the district for a fee.
Sec. 3903.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3903.107. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers that:
(1) Chapter 380, Local Government Code, provides to a
municipality; and
(2) Subchapter A, Chapter 1509, Government Code,
provides to a municipality.
Sec. 3903.108. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3903.109. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
[Sections 3903.110-3903.130 reserved for expansion]
SUBCHAPTER C-1. IMPROVEMENT PROJECTS
Sec. 3903.131. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using money available to the district, or contract with a
governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter or
Chapter 375, Local Government Code.
Sec. 3903.132. LOCATION OF IMPROVEMENT PROJECT. An
improvement project described by Section 3903.131 may be located:
(1) in the district; or
(2) in an area outside but adjacent to the district if
the project is for the purpose of extending a public infrastructure
improvement beyond the district's boundaries to a logical terminus.
Sec. 3903.133. PREREQUISITES FOR IMPROVEMENT PROJECTS. The
district may not construct an improvement project unless:
(1) the owner of the land on which the improvement
project will be constructed records a plat in the map and plat
records of the county in which the district is located; and
(2) the planning commission of the city approves the
plat.
Sec. 3903.134. ADDITIONAL DISTRICT DUTIES REGARDING
IMPROVEMENT PROJECTS. The district shall:
(1) submit written notice to the city administrator or
the administrator's designee of the anticipated date construction
of an improvement project will begin;
(2) construct the improvement project to comply with a
development agreement entered into under Section 3903.207;
(3) comply with applicable city ordinances,
resolutions, and regulations when constructing and maintaining an
improvement project;
(4) allow a representative of the city to inspect an
improvement project during construction to assess the project's
compliance with applicable city ordinances, resolutions, and
regulations;
(5) alter an improvement project to comply with
applicable city ordinances, resolutions, and regulations if the
representative of the city provides the district with written
notice that the improvement project does not comply with applicable
city ordinances, resolutions, and regulations; and
(6) obtain any necessary permits from city, county,
state, or federal authorities to construct and maintain an
improvement project.
Sec. 3903.135. LICENSE AND CERTIFICATION REQUIREMENTS. The
district may not contract with or employ a person to plan or
construct an improvement project unless the person is licensed or
certified in an area relating to planning or construction, as
applicable.
[Sections 3903.136-3903.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3903.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3903.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
an improvement project or service authorized under this chapter or
Chapter 375, Local Government Code, using any money available to
the district.
Sec. 3903.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) The petition must be signed by the owners of a majority
of the assessed value of real property in the district subject to
assessment according to the most recent certified tax appraisal
roll for the county.
Sec. 3903.154. METHOD OF NOTICE FOR HEARING. The district
may mail the notice required by Section 375.115(c), Local
Government Code, by certified or first class United States mail.
The board shall determine the method of notice.
Sec. 3903.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3903.156. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of a tax
or assessment on property in the zones.
[Sections 3903.157-3903.200 reserved for expansion]
SUBCHAPTER E. TAXES AND BONDS
Sec. 3903.201. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue, by public or private sale, bonds, notes, or
other obligations payable wholly or partly from ad valorem taxes or
assessments in the manner provided by Subchapter A, Chapter 372, or
Subchapter J, Chapter 375, Local Government Code.
(b) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
(c) In addition to the sources of money described by
Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
Government Code, district bonds may be secured and made payable
wholly or partly by a pledge of any part of the money the district
receives from improvement revenue or from any other source.
Sec. 3903.202. BOND MATURITY. Bonds may mature not more
than 30 years from their date of issue.
Sec. 3903.203. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued:
(1) the board shall impose a continuing direct annual
ad valorem tax for each year that all or part of the bonds are
outstanding; and
(2) the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due; and
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date.
Sec. 3903.204. ELECTION REQUIRED FOR TAXES OR BONDS. The
district must hold an election in the manner provided by Subchapter
L, Chapter 375, Local Government Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
Sec. 3903.205. HOTEL OCCUPANCY TAX. (a) The district may
impose a hotel occupancy tax in the manner that Chapter 351, Tax
Code, provides for a municipality.
(b) A tax imposed under this section may not exceed the
maximum rate under Section 351.003(a), Tax Code.
Sec. 3903.206. CERTAIN SINGLE-FAMILY RESIDENTIAL PROPERTY
EXEMPT. (a) The district may not impose an assessment or tax on a
single-family residential property that:
(1) is in the territory described by Section 2 of the
Act creating the district; and
(2) exists as of the effective date of the Act enacting
this chapter.
(b) Section 375.161, Local Government Code, does not apply
to the district.
Sec. 3903.207. DEVELOPMENT AGREEMENT. The district may
enter into a development agreement that requires the district to
reimburse a developer for the costs associated with constructing
and maintaining an improvement project. The district may use
revenue from taxes and assessments to reimburse a developer under
this section.
[Sections 3903.208-3903.250 reserved for expansion]
SUBCHAPTER F. DISSOLUTION
Sec. 3903.251. DISSOLUTION BY CITY ORDINANCE. (a) The city
by ordinance may dissolve the district.
(b) The city may not dissolve the district until the
district's outstanding debt or contractual obligations that are
payable from ad valorem taxes have been repaid or discharged, or the
city has affirmatively assumed the obligation to pay the
outstanding debt from city revenue.
(c) If the district enters a development agreement under
Section 3903.207, the city may not dissolve the district until the
agreement has been executed and the district's performance under
the agreement has been fulfilled, including any right or obligation
the district has to reimburse a developer or owner for the costs of
improvement projects.
Sec. 3903.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
(a) If the dissolved district has bonds or other obligations
outstanding secured by and payable from assessments or other
revenue, other than ad valorem taxes, the city shall succeed to the
rights and obligations of the district regarding enforcement and
collection of the assessments or other revenue.
(b) The city shall have and exercise all district powers to
enforce and collect the assessments or other revenue to pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) special revenue or assessment bonds or other
obligations issued by the city to refund the outstanding bonds or
obligations.
Sec. 3903.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
After the city dissolves the district, the city assumes, subject to
the appropriation and availability of funds, the obligations of the
district, including any bonds or other debt payable from
assessments or other district revenue.
(b) If the city dissolves the district, the board shall
transfer ownership of all district property to the city.
SECTION 2. The Fulshear Town Center Management District
initially includes all the territory contained in the following
area:
Being an 84.3 acre tract situated in the City of Fulshear, with said
tract being more particularly described as follows:
With the point of beginning being at SE corner of 0.3444 acre parcel
(Fulshear, Block 6, Lot 1,4);
Then south along W ROW of FM 359 (Main St.) to SE corner of 0.1377
acre parcel (FULSHEAR, BLOCK 3, ACRES 0.1377, (Pt) 20' Alley in
Block 3);
Then west along S boundary of said parcel to NE corner 0.42 acre
parcel (FULSHEAR, BLOCK 3, LOT 4,5);
Then south along E boundary of 0.42 acre parcel (FULSHEAR, BLOCK 3,
LOT 4,5) to N ROW of Front St;
Then east along N ROW of Front St and FM 1093 to SE corner of 64.5
acre parcel (0029 C FULSHEAR, TRACT 66, ACRES 64.506);
Then east across ROW of Katy-Fulshear Rd and along S boundary of
6.93 acre parcel (0050 E LATHAM, TRACT 24 (PT), PARCEL 3, ACRES
6.9307, (PT (2.7197 ACS) IN A-29)) to a point approximately 215 feet
east of SW corner of said parcel;
Then south across FM 1093 and Metro Rail ROWs to NE corner of 52.23
acre parcel (0029 C FULSHEAR, TRACT 82-C, ACRES 52.23);
Then west along N Boundary of 52.23 acre parcel (0029 C FULSHEAR,
TRACT 82-C, ACRES 52.23) to NE corner of 20.089 acre parcel (0029 C
FULSHEAR, TRACT 6, ACRES 20.089);
Then south along E boundary of 20.089 acre parcel (0029 C FULSHEAR,
TRACT 6, ACRES 20.089) to SE corner of said parcel;
Then west along S boundary of 20.089 acre parcel (0029 C FULSHEAR,
TRACT 6, ACRES 20.089), and 18.82 acre parcel (0029 C Fulshear,
TRACT 3 (Pt), ACRES 18.8242, (Part of a 26.5629 ac tract), and 3.754
acre parcel (0029 C Fulshear, TRACT 3 (Pt), ACRES 3.754, (Part of a
26.5629 ac tract)), and 3.753 acre parcel (0029 C FULSHEAR, TRACT 1,
ACRES 3.753) to SW corner 3.753 acre parcel (0029 C FULSHEAR, TRACT
1, ACRES 3.753);
Then north along W boundary of 3.753 acre parcel (0029 C FULSHEAR,
TRACT 1, ACRES 3.753), and across Metro Rail and FM 1093 ROWs to S
boundary of 70 acre parcel (0029 C Fulshear, TRACT 91 (PT), ACRES
69, (PART OF A 70.00 AC TRACT));
Then east northeast along S boundary of 70 acre parcel (0029 C
Fulshear, TRACT 91 (PT), ACRES 69, (PART OF A 70.00 AC TRACT)) to SE
corner of said parcel;
Then north along E boundary of said parcel to N ROW of Front St;
Then east northeast along N ROW of Front St to W ROW of Harris St;
Then north along W ROW of Harris St to NE corner of 0.5165 acre
parcel (FULSHEAR, BLOCK 5, LOT 1,4,5);
Then east across ROW of Harris St, and along north boundary of
0.5165 acre parcel (FULSHEAR, BLOCK 6, LOT 2,3,6) to NE corner of
said parcel;
Then south along E boundary of 0.5165 acre parcel (FULSHEAR, BLOCK
6, LOT 2,3,6) to SE corner of said parcel;
Then east along S boundary of 0.3444 acre parcel (Fulshear, Block 6,
Lot 1,4) to point of beginning;
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.