82R9151 PMO-D
By: Williams S.B. No. 936
A BILL TO BE ENTITLED
AN ACT
relating to the law governing the Lower Neches Valley Authority;
providing authority to issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 63, Acts of the 43rd Legislature, 1st
Called Session, 1933, is amended by amending Sections 1, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 13A, 14, 16, 17, 18, 19, 21, 24, 27, 27-a, 28,
29, 29-a, and 29-d and adding Sections 13A-1 through 13A-6 to read
as follows:
Sec. 1. That there shall be and is hereby created a
conservation and reclamation district by the name of "Lower Neches
Valley Authority," which district is created as a governmental
agency, body politic and corporate, vested with all the authority
as such under the Constitution and Laws of the State; and which
shall have and be recognized to exercise all of the powers of such
governmental agency and body politic and corporate as are expressly
authorized in the provisions of the Constitution, Section 59 of
Article 16, for districts created to conserve, store, control,
preserve, utilize and distribute the storm and flood waters and the
waters of the rivers and streams of the State, and such powers as
may be [contemplated and] implied by the purposes of this provision
of the Constitution, and as may be conferred by General Law, as well
as by the provisions of this Act, except nothing herein contained
shall authorize said district to levy any taxes or special
assessments, or to create any debt payable out of taxation; and said
district shall have and be recognized to exercise all the rights and
powers of an independent governmental agency, body politic and
corporate, to construct, maintain and operate, in the Neches River
basin and the adjoining Neches-Trinity coastal basin [valleys of
the Neches River and its tributaries], within or without the
boundaries of such district, any and all works deemed essential to
the operation of the district and for its administration in the
control, storing, preservation and distribution to all useful
purposes of the waters of the Neches River basin and the adjoining
Neches-Trinity coastal basin [and its tributary streams],
including the storm and flood waters thereof; and such district
shall have and be recognized to exercise such authority and power of
control and regulation over such waters [of the Neches River and its
tributaries] as may be exercised by the State of Texas, subject to
the provisions of the Constitution and the Acts of the Legislature.
Sec. 4. [The directors of the district shall organize by
electing one of their members president, one vice-president, one
treasurer, and one secretary.] Five [(5)] directors shall
constitute a quorum at any meeting and a concurrence of a majority
of the directors [those] present shall be sufficient in all matters
pertaining to the business of the district[, except the letting of
construction contracts and the authorization of issuance of
warrants paying therefor, which shall require the concurrence of
seven (7) directors. Warrants for the payment of money may be drawn
and signed by two (2) officers or employees designated by standing
order entered on the minutes of the directors when such accounts
have been contracted and ordered paid by the Board of Directors].
[Sec. 5. The directors of the district shall require all
officers and employees who shall be charged with the collection or
paying or handling of any funds of the district under their orders,
to furnish good and sufficient bonds, with a duly authorized surety
company as surety thereon, payable to the district, conditioned
upon the faithful performance of their duties and accounting for
all funds and property of the district coming into their hands,
which bonds shall be in sufficient sums to safeguard the district.
[Sec. 6. The president shall preside at all meetings of the
Board and shall be the chief executive officer of the district. The
vice-president shall act as president in case of the absence or
disability of the president. The secretary shall act as secretary
of the Board of Directors and shall be charged with the duty of
seeing that all records and books of the district are properly kept.
In case of the absence or inability of the secretary to act, a
secretary pro tem shall be selected by the directors. The directors
shall hold regular meetings at the office of the district on the
first Monday in February, May, August and November of each year at
10 o'clock A. M., and may hold other meetings at such other times as
the business of the district may require.]
Sec. 7. (a) A director is entitled to receive a fee of office
for each day of service approved by a vote of the Board of Directors
and necessary to discharge the director's duties.
(b) The Board of Directors shall set the fee described by
Subsection (a) in an amount not greater than the amount allowed
under general law. [The directors shall receive as fees of office
the sum of not to exceed Ten ($10.00) Dollars per day for each day of
service necessary to discharge of their duties, provided such
service is authorized by vote of the Board of Directors. They shall
file with the secretary a verified statement showing the actual
number of days of service each month on the last day of the month, or
as soon thereafter as possible and before a warrant shall be issued
therefor.
[Sec. 8. The directors shall keep a true and full account of
all their meetings and proceedings and maintain their records in a
secure manner. The same shall be the property of the district and
subject to public inspection. A regular office shall be established
and maintained for conduct of the district business within the
district.
[Sec. 9. A complete book of accounts shall be kept. The
account books and records of the district and of the depository of
the district shall be audited by a Certified Public Accountant
annually as soon as practicable after the expiration of each year,
such audit to cover the preceding calendar year, and report thereon
shall be submitted to the first regular meeting of the Board of
Directors thereafter. Said report shall be in quadruplicate, one
copy being filed in the office of the district, one with the
depository of the district, one in the office of the auditor and one
with the State Board of Water Engineers, all of which shall be open
to public inspection.
[Sec. 10. The directors may employ a general manager for the
district and may give him full authority in the management and
operation of the district affairs (subject only to the orders of the
Board of Directors). The term of office and compensation to be paid
such managers and all employees shall be fixed by the Board of
Directors and all employees may be removed by the Board.
[Sec. 11. All bonds required to be given by directors,
officers and employees of the district shall be executed by a surety
company authorized to do business in the State, as surety thereon;
and the district shall be authorized to pay the premiums on such
bonds.
[Sec. 12. No director of any such district, engineer or
employees thereof shall be, directly or indirectly, interested
either for themselves or as agents for any one else in any contract
for the purchase or construction of any work by said district, and
if any such person shall, directly or indirectly, become interested
in any such contract, he shall be guilty of a misdemeanor, and on
conviction thereof shall be punished by a fine in any sum not to
exceed One Thousand ($1,000.00) Dollars, or by confinement in the
county jail not less than six months nor more than one year, or by
both fine and imprisonment.]
Sec. 13A-1 [13]. In [The said district shall have and be
recognized to exercise, in] addition to all the hereinbefore
mentioned powers, and for the conservation and beneficial use
[utilization] of the [said] waters of the Neches River basin and the
adjoining Neches-Trinity coastal basin, including storm water and
floodwater, the district may[, the power of] control and use such
waters [employment of such waters of the Neches River and its
tributaries, including the storm and floodwaters thereof,] in the
manner and for the particular purposes described below [hereinafter
set forth]:
(a) to [To] provide through practical and legal means for
the control and coordination of the regulation of such [the]
waters; [of the Neches River and its tributary streams.]
(b) to [To] provide by adequate organization and
administration for the preservation of the equitable rights of the
people of the different sections of the watershed area in the
beneficial use of such [the] waters; [of the Neches River and its
tributary streams.]
(c) for [For] storing, controlling and conserving such
[the] waters inside or outside the [of the Neches River and its
tributaries within and/or without such] district, and the
prevention of the escape of any of such waters without the maximum
of public service; for the prevention of devastation of lands from
recurrent overflows, and the protection of life and property in the
[such] district from uncontrolled flood waters;[.]
(d) for [For] the conservation of such [the] waters [of the
Neches River and its tributaries] essential for the domestic and
municipal uses of the people of the district;[, including all
necessary water supplies for cities and towns.]
(e) for [For] the irrigation of all lands in the [said]
district or outside the [and/or lands without said] district but
within the Neches River basin and the adjoining Neches-Trinity
coastal basin [said watershed area, where irrigation is required
for agricultural purposes, or may be deemed helpful to more
profitable agricultural production]; and for the equitable
distribution of such [said] waters to the regional potential
requirements for all uses[, domestic, manufacturing, and
irrigation]. All plans and all works provided by the [said]
district, and as well, all works which may be provided under
authority of the [said] district, shall have primary regard to the
necessary and potential needs for water, by or within the area in
the [such] district constituting the Neches River basin and the
adjoining Neches-Trinity coastal basin; [water shed of the Neches
River and its tributary streams.]
(f) to provide for [For] the [better encouragement and
development of drainage systems and provisions for] drainage of
lands in the Neches River basin and the adjoining Neches-Trinity
coastal basin; [valleys of the Neches River and its tributary
streams needing drainage for profitable agricultural production;
and drainage for other lands in the watershed area of the district
requiring drainage for the most advantageous use.]
(g) to encourage [For the purpose of encouraging] the
conservation of soil and to prevent [all soils against] destructive
erosion; [and thereby preventing the increased flood menace
incident thereto.]
(h) to [To] control such waters and make such waters
available for use [employment said waters] in the development of
commercial and industrial enterprises in the Neches River basin and
the adjoining Neches-Trinity coastal basin or [all sections of the
watershed area of] the district;[.]
(i) to [For the] control, store, [storing] and use such
[employment of said] waters in the development and distribution of
hydroelectric power, if that [where such] use is [may be]
economically coordinated with and subordinate to other [and
superior uses, and subordinated to the] uses declared by law to be
superior; and[.]
(j) [And] for each and every purpose for which flood and
storm waters when controlled and conserved may be utilized in the
performance of a useful service as [contemplated and] authorized
by the provisions of the Constitution and the public policy therein
declared.
(k) Nothing in this section is a limitation on the powers of
the district expressed elsewhere in this Act or under other law.
Sec. 13A-2. The district may [To] purchase or [and/or]
construct all works necessary or convenient for the exercise of the
powers and to accomplish the purposes specified in this Act, and may
[to] purchase or otherwise acquire all lands or [and/or] other
property necessary or convenient for carrying out any such
purposes.
Sec. 13A-3. [(l)] The right of eminent domain is expressly
conferred upon such district to enable it to acquire the fee simple
title to, and/or easement or right-of-way over and through, any and
all lands, water or lands under water, private or public, within and
without such district, necessary or convenient to carry out any of
the purposes and powers conferred upon such district by this Act.
All such condemnation proceedings shall be under the direction of
the direction of the directors and in the name of the district, and
the assessment of damages and all procedure with reference to
condemnation, appeal and payment shall be in conformity with the
statutes of this State as provided in the title of the Revised
Statutes relating to "Eminent Domain."
Sec. 13A-4. (a) [(m)] The Board of Directors of the [said]
district shall prescribe fees and charges to be collected for the
use of water, water connections or other services [service], which
fees and charges shall be reasonable and equitable and fully
sufficient to produce revenues adequate to pay, and the [said]
Board of Directors shall cause to be paid therefrom:
(1) all [All] expenses necessary to the operation and
maintenance of the improvements and facilities of the [said]
district. Such operating and maintenance expenses shall include the
cost of the acquisition of properties and materials necessary to
maintain the [said] improvements and facilities in good condition
and to operate them efficiently, necessary wages and salaries of
the district, and such other expenses as may be reasonably
necessary to the efficient operation of the [said] improvements and
facilities;[.]
(2) the [The annual or semi-annual] interest upon any
obligations issued hereunder payable out of the revenues of said
improvements and facilities; and[.]
(3) the [The] amount required to be paid [annually
into the sinking fund] for the payment of any obligations issued
hereunder payable out of the revenues of said improvements and
facilities.
(b) Out [No other charge shall be made upon the revenues
derived from said improvements and facilities so long as any
obligations issued hereunder shall remain outstanding and unpaid as
to principal or interest; provided, however, that out] of revenues
which may be received in excess of those required for the purposes
listed in the above Subsections (a)(1) [sub-paragraphs (1)], (2)
and (3), the Board of Directors may pay the cost of improvements and
replacements not covered by Subsection (a)(1) [said sub-paragraph
(1)], and may establish a reasonable depreciation and emergency
fund.
(c) It is the intent of this Act that the fees and charges of
the [such] district shall not be in excess of what may be reasonably
necessary to fulfill the obligations imposed upon the [said]
district by this Act.
Sec. 13A-5. The [(n) Such district through its Board of
Directors, shall have the right to employ managers, engineers,
attorneys, and all necessary employees to properly construct,
operate and maintain said works and carry out the provisions of this
Act and to pay reasonable compensation fixed by the Board of
Directors for such services.
[(o) Such] district, in addition to the powers hereinabove
set out, shall have general power and authority to make and to enter
into all contracts, leases, and agreements necessary or convenient
to carry out any of the powers granted in this Act, which contracts,
leases, and agreements may be entered into with any person, real or
artificial, any corporation, municipal, public or private, or
[and/or] any government or governmental agency, including the
United States Government and the State of Texas, and may convey or
cause to be conveyed any of its properties, rights, lands,
tenements, easements, improvements, reservoirs, dams, canals,
plants, laterals, works and facilities to the United States
Government or any agency thereof, and may enter into a lease with
the United States Government, or any agency thereof, relative
thereto, and obligate itself to pay rental therefor out of the
income and revenues thereof, with or without the privilege of
purchase; provided, however, that nothing herein contained shall
authorize the assumption by the [such] district of any obligation
requiring payment out of taxes. Any and all such contracts, leases,
and agreements herein authorized shall be approved by resolution of
the Board of Directors of the [such] district, and shall be executed
by the president and attested by the secretary thereof.
Sec. 13A-6. The district may acquire land for recreational
facilities and may construct, operate, and maintain recreational
facilities as provided by general law, provided [(p) Such district
shall have the right to sue and be sued.
[(q) Before such district shall establish a diversion
point, construct the canals, pumping plants and other works herein
provided for, it shall present to the Board of Water Engineers of
the State of Texas, or such other agency performing the functions
now performed by the Board of Engineers, plans and specifications
of the same and obtain the approval of such Board.
[Sec. 13A. From and after the effective date of this Act,
Lower Neches Valley Authority shall have the right and power to
acquire and own lands within said district by purchase for the
purpose of operating and maintaining same as public parks for
public recreation, and said district shall have the power to
construct improvements and facilities and to operate same on such
lands to accomplish such purpose. Provided,] that no funds derived
from taxation shall be expended in purchasing that land [said
lands] or constructing and maintaining those [said improvements
and] facilities.
Sec. 14. The powers and duties herein devolved upon the
[said] district, and the adequacy of any plan for flood control or
conservation improvement purposes devised by the district, shall be
subject to such [the] continuing rights of state supervision and
state approvals as are required under [by the State which shall be
exercised through the State Board of Water Engineers, and in
appropriate instances, by the State Reclamation Engineer, each of
which agencies shall be charged with the authority and duty to
approve, or to refuse to approve, the adequacy of any plan or plans
for flood control or conservation improvement purposes devised by
the district for the achievement of the plans and purposes intended
in the creation of the district, and which plans contemplate
improvements supervised by the respective state authorities under
the Provisions of the] General Law.
Sec. 16. The [Said] district may borrow money for any
corporate purpose from [the Federal Emergency Administration of
Public Works of the United States, or from any other department or
agency of the United States, or from] any [other] source, and in
evidence thereof may issue the notes, warrants, bonds, certificates
of indebtedness, or other forms of obligations of the [such]
district, payable solely out of the revenues to be derived from
district [said] improvements and facilities and the operations and
services thereof.
[Sec. 17. Each issue of obligations authorized hereunder
shall constitute a separate series and shall be appropriately
designated. Such obligations shall not constitute an indebtedness
or pledge of the credit of such district, shall never be paid in
whole or in part out of any funds raised or to be raised by taxation,
and shall contain a recital to that effect. All obligations issued
hereunder shall be in registered or coupon form and if in coupon
form may be registerable as to principal only, or as to both
principal and interest, shall bear interest at a rate not to exceed
six per cent per annum, payable annually or semi-annually, and
shall be in such denominations and shall mature serially or at one
time not more than fifty years from their date in such manner as may
be provided by the Board of Directors. Principal of and interest on
such obligations shall be made payable at any place or places within
or without the State of Texas and in the discretion of the Board of
Directors such obligations may be made redeemable at the option of
said Board prior to maturity at such premium or premiums as the
Board shall determine. Such obligations shall be signed by the
president and secretary of the Board of Directors, and the interest
coupons attached thereto may be executed with the facsimile
signatures of such officers. Such obligations shall be sold in such
manner and at such time as the Board of Directors shall determine to
be expedient and necessary to the interests of the district,
provided, that in no event shall such obligations be sold for a
price which will result in an interest yield therefrom of more than
six per cent computed to maturity according to standard bond tables
in general use by banks and insurance companies. In the event any of
the officers whose signatures are on such obligations or coupons
shall cease to be such officers before the delivery of such
obligations to the purchaser, such signature or signatures,
nevertheless, shall be valid and sufficient for all purposes. All
obligations issued hereunder shall constitute negotiable
instruments within the meaning of the Negotiable Instruments Law.
[Sec. 18. Any obligations issued hereunder may be issued
payable from and secured by the pledge of all the revenues derived
from the operation of the improvements and facilities of the
district, exclusive of any revenues derived from taxation or
assessments, or may be payable from and secured by the pledge of
only such revenues as may be derived from the operation of the
improvements and facilities acquired with the proceeds of the sale
of such obligations, or may be payable from and secured by the
pledge of a specified part of the revenues derived from the
operation of the improvements and facilities of the district, all
as may be provided in the proceedings authorizing the issuance of
such obligations. If more than one series of obligations shall be
issued under the provisions of this Act payable from and secured by
identical revenues, priority of lien against such revenues shall
depend on the time of delivery of such obligations, each series
enjoying a lien against such revenues prior and superior to that
enjoyed by any other series of obligations subsequently delivered,
provided, however, that as to any issue or series of obligations
which may be authorized as a unit but delivered from time to time in
blocks, the Board of Directors may in proceedings authoring the
issuance of such obligations provide that all of the obligations of
such series or issue shall be co-equal as to lien regardless of the
time of delivery.
[Sec. 19. Any resolution or order authorizing the issuance
of obligations under the provisions hereof shall provide for the
creation of a sinking fund into which shall be paid from the
revenues pledged to the payment of such obligations from month to
month as said revenues are collected, sums fully sufficient to pay
principal of and interest on such obligations. The money in such
sinking fund shall be applied solely to the payment of interest on
the obligations for the payment of which such fund is created and
for the retirement of said obligations at or prior to maturity in
the manner herein provided. The Board of Directors may at the time
obligations are authorized hereunder provide that all money in such
sinking fund in excess of the amount required for the payment of
interest on and principal of such outstanding obligations for such
period as it may determine shall be expended once each year pursuant
to its order in the purchase of obligations for the account of which
such sinking fund has been accumulated, if any such obligations can
be purchased at a price which shall seem reasonable to the Board,
and may provide that in the event such obligations contain an option
permitting retirement prior to maturity then such excess sums shall
be paid out as aforesaid for the purchase of such obligations, but
that if the Board shall be unable to so purchase sufficient
obligations of said issue to absorb all such surplus it shall call
for redemption a sufficient amount of such obligations to absorb so
far as practicable the entire surplus remaining in said sinking
fund. It may be provided that any excess in the sinking fund which
cannot be applied to the purchase or redemption of obligations
shall remain in said sinking fund to be used for payment of
principal or interest when due, or for the subsequent call of
obligations for purchase or redemption in the manner above
provided.
[Sec. 21. Any resolution or order authorizing the issuance
of obligations hereunder shall provide that the revenues from which
such obligations are to be paid and which are pledged to the payment
of such obligations shall from month to month as the same shall
accrue and be received, be set apart and placed in the sinking fund
and disbursed in the manner hereinabove provided. In fixing and
determining the amount of revenues which shall be so set aside, the
Board of Directors shall provide that the amount to be set aside and
paid into said fund in any year or years shall be not less than a
fixed sum, which sum shall be at least sufficient to provide for the
payment of the interest on and principal of all obligations
maturing and becoming payable in each such year, together with a
surplus or margin of ten per cent in excess thereof.
[Sec. 24. The proceeds of the sale of any obligations issued
hereunder may be deposited in such bank or banks as may be agreed
upon between the purchaser at such sale and the Board of Directors,
and may be deposited and paid out pursuant to such terms and
conditions as may be so agreed upon, it being expressly provided
that the statutes of Texas pertaining to the deposit of the district
funds in the depository of such district shall not be applicable to
the deposit of the proceeds of such sale. Any part of the proceeds
of the sale of obligations issued hereunder which may remain
unexpended after the project for which the obligations were
authorized has been completed may be paid into the sinking fund for
the payment of said obligations and be used only for the payment of
principal of such obligations, or for the purposes of acquiring
such outstanding obligations by purchase in the manner hereinabove
provided.
[Sec. 27. Such district issuing obligations under the
provisions hereof may thereafter authorize and issue its refunding
obligations on such terms as its Board of Directors may deem
advisable for the purpose of providing for the retirement of any
such outstanding obligations, either due or to become due, which
refunding obligations may be either exchanged for like par amounts
of such outstanding obligations or may be sold and the proceeds of
the sale so applied. Any refunding obligations authorized and
issued pursuant hereto shall be subject to the provisions of this
Act pertaining to the issuance of other obligations and shall be
secured in all respects to the same extent and be payable from the
same revenues as were the obligations refunded thereby.
[Sec. 27-a. Before any such obligation shall be issued,
such district shall submit a certified copy thereof and of the
proceedings for their issuance, together with any additional
information which may be required, to the Attorney General of Texas
for approval, and when so approved, such obligations shall be
issued after registration with the Comptroller of the State of
Texas.
[Sec. 28. This Act, without reference to other statutes of
the State of Texas, shall constitute full authority for the
authorization and issuance of obligations hereunder and for the
accomplishment of all things herein authorized to be done, and no
proceedings relating to the authorization or issuance of such
obligation or the doing of such things shall be necessary except
such as are herein required, and neither the Bond and Warrant Law of
1931 or any other provisions of the laws of the State of Texas
pertinent to the authorization or issuance of obligations, the
operation and maintenance of such improvements and facilities, the
granting of franchises or permits, the right to elections or
referendum petitions, or in anywise impeding or restricting the
carrying out of the acts authorized to be done hereunder, shall be
construed as applying to any proceedings and hereunder or acts done
pursuant hereto.
[Sec. 29. Nothing in this Act shall be construed as
affecting any existing rights or existing priorities in the rights
to water from the source of supply and neither the formation of the
district hereunder nor a contract for the purchase of water with
such district shall ever be held to be an abandonment of waiver of
said rights or priorities, or an abandonment of the original point
of diversion from the source of supply, but all such rights existing
at the time of the formation of such district shall be preserved.
[Sec. 29-a. That said district or the contractor who
employs the labor for the construction of any improvements for said
district shall be required to give preference to persons who are on
relief rolls or otherwise unemployed, including those required for
office or clerical work, but excepting the key workers of such
district or such contractor, provided such persons on relief or
unemployed are capable of efficiently rendering the proper service
in the various classifications of labor under which they are
employed, and in the event there are not sufficient persons with the
proper qualifications as aforesaid, then the district or the
contractor shall give preference to employment of qualified workers
who reside in the locality where such improvements are to be
constructed; and every contract expressly entered into by the
district hereunder shall impose upon the contractor the obligation
to give preference in employment to such needy persons upon relief
rolls or otherwise as provided herein and shall expressly impose
upon such contractor the obligations provided for in this Section;
provided nothing in this Section contained shall conflict with the
requirements of any Federal agency providing any funds for such
District.
[Sec. 29-d. There is hereby appropriated and there shall be
paid to said District out of the General Fund not otherwise
appropriated the sum of Fifteen Thousand Dollars ($15,000.00),
which said sum shall be used for defraying the expenses of making
engineering surveys, plans and specifications, for the compilation
of other necessary data, for abstracts of title, and for the payment
of necessary and proper expenses incidental to the application and
negotiations for and securing the aid and assistance of the Federal
Emergency Administration of Public Works, or other Governmental
bodies of the United States, and in connection with the
organization of the District. Provided, however, that none of the
amount appropriated herein shall be used to pay any expenses or
costs incurred prior to the effective date of this Bill. Provided
that none of the funds herein appropriated shall be used to pay for
options on lands in said District.]
SECTION 2. (a) All governmental acts and proceedings taken
by the board of directors of the Lower Neches Valley Authority
before the effective date of this Act in reliance on the local law
of that district as it existed before that date are validated as of
the date they occurred.
(b) This Act does not validate an act or proceeding that on
the effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the act or proceeding being held invalid by a
final court judgment; or
(2) has been held invalid by a final court judgment.
SECTION 3. This Act does not:
(1) limit the powers granted to the Lower Neches
Valley Authority by any other law;
(2) impliedly repeal any laws granting powers to the
Lower Neches Valley Authority; or
(3) affect the entitlement of a person serving as a
member or officer of the board of directors of the Lower Neches
Valley Authority immediately before the effective date of this Act
to continue to carry out the board's functions for the remainder of
the person's term of office.
SECTION 4. The change in law made by this Act to Section 12,
Chapter 63, Acts of the 43rd Legislature, 1st Called Session, 1933,
does not apply to an offense committed under that section before the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law as it existed on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 5. (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, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) 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 are fulfilled
and accomplished.
SECTION 6. 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.