Texas 2013 - 83rd Regular

Texas House Bill HB3876 Compare Versions

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1	1	83R10375 RWG-F
2	2	By: Riddle H.B. No. 3876
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Harris County Municipal Utility
8	8	District No. 530; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, or taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8451 to read as follows:
14	14	CHAPTER 8451. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 530
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8451.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Harris County Municipal
22	22	Utility District No. 530.
23	23	Sec. 8451.002. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8451.003. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 8451.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 8451.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 8451.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
37	37	The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8451.006. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 8451.051. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 8451.052, directors serve
62	62	staggered four-year terms.
63	63	Sec. 8451.052. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Jerry Ashmore;
66	66	(2) Bari Pace;
67	67	(3) Robert Quarles;
68	68	(4) Neal Shudde; and
69	69	(5) Jim Thomas.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8451.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8451.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8451.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8451.101. GENERAL POWERS AND DUTIES. The district has
93	93	the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8451.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8451.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 8451.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
107	107	project must meet all applicable construction standards, zoning and
108	108	subdivision requirements, and regulations of each municipality in
109	109	whose corporate limits or extraterritorial jurisdiction the road
110	110	project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 8451.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120	120	OR RESOLUTION. The district shall comply with all applicable
121	121	requirements of any ordinance or resolution that is adopted under
122	122	Section 54.016 or 54.0165, Water Code, and that consents to the
123	123	creation of the district or to the inclusion of land in the
124	124	district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 8451.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
127	127	district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 8451.153.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 8451.152. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8451.151, the district
141	141	may impose an operation and maintenance tax on taxable property in
142	142	the district in accordance with Section 49.107, Water Code.
143	143	(b) The board shall determine the tax rate. The rate may not
144	144	exceed the rate approved at the election.
145	145	Sec. 8451.153. CONTRACT TAXES. (a) In accordance with
146	146	Section 49.108, Water Code, the district may impose a tax other than
147	147	an operation and maintenance tax and use the revenue derived from
148	148	the tax to make payments under a contract after the provisions of
149	149	the contract have been approved by a majority of the district voters
150	150	voting at an election held for that purpose.
151	151	(b) A contract approved by the district voters may contain a
152	152	provision stating that the contract may be modified or amended by
153	153	the board without further voter approval.
154	154	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155	155	Sec. 8451.201. AUTHORITY TO ISSUE BONDS AND OTHER
156	156	OBLIGATIONS. The district may issue bonds or other obligations
157	157	payable wholly or partly from ad valorem taxes, impact fees,
158	158	revenue, contract payments, grants, or other district money, or any
159	159	combination of those sources, to pay for any authorized district
160	160	purpose.
161	161	Sec. 8451.202. TAXES FOR BONDS. At the time the district
162	162	issues bonds payable wholly or partly from ad valorem taxes, the
163	163	board shall provide for the annual imposition of a continuing
164	164	direct ad valorem tax, without limit as to rate or amount, while all
165	165	or part of the bonds are outstanding as required and in the manner
166	166	provided by Sections 54.601 and 54.602, Water Code.
167	167	Sec. 8451.203. BONDS FOR ROAD PROJECTS. At the time of
168	168	issuance, the total principal amount of bonds or other obligations
169	169	issued or incurred to finance road projects and payable from ad
170	170	valorem taxes may not exceed one-fourth of the assessed value of the
171	171	real property in the district.
172	172	SECTION 2. The Harris County Municipal Utility District
173	173	No. 530 initially includes all the territory contained in the
174	174	following area:
175	175	Being 384.307 acres of land located in the William Hironymus
176	176	Survey, Abstract 352, the Thomas Martin Survey, Abstract 552, the
177	177	Milton Yates Survey, Abstract 945 and the G. C. & S. F. R.R. Survey,
178	178	Abstract 1301, Harris County, Texas, more particularly being all
179	179	portion of that certain called 151.830 acre tract conveyed to
180	180	District & Urban (Texas), Inc. by an instrument of record under File
181	181	Number V839891, of the Official Public Records of Real Property, of
182	182	said Harris County, Texas (H.C.O.P.R.R.P.), all of the residue of
183	183	that certain called 76.3015 acre tract conveyed to District & Urban
184	184	(Texas), Inc. by an instrument of record under File Number U759568,
185	185	H.C.O.P.R.R.P., all of that certain called 134.113 acre tract
186	186	conveyed to New Light Church World Outreach and Worship Centers,
187	187	Inc. by an instrument of record under File Number 20110367407,
188	188	H.C.O.P.R.R.P., and a portion of that certain called 48.1306 acre
189	189	tract conveyed to New Light Church World Outreach and Worship
190	190	Centers, Inc. by an instrument of record under File Number S473526,
191	191	H.C.O.P.R.R.P., said 384.307 acre tract being more particularly
192	192	described by metes and bounds as follows (all bearings referenced
193	193	to the Texas State Plane Coordinate System, South Central Zone,
194	194	NAD83, 2001 adjustment);
195	195	BEGINNING at a 1/2-inch iron rod found at the northwest
196	196	corner of Klein I.S.D. Benignus Elementary School, a subdivision of
197	197	record under Film Code 591255, Harris County Map Records,
198	198	(H.C.M.R.), same being the northeast corner of said 134.113 acre
199	199	tract and being on the southerly right-of-way line of F.M. 2920 (120
200	200	feet wide) as recorded in Volume 7182, Pg. 575, Volume 7195, Page
201	201	405, and Volume 8040, Page 330, Harris County Deed Records
202	202	(H.C.D.R.);
203	203	Thence, South 02° 18' 34" East, along the west line of said
204	204	Klein I.S.D. Benignus Elementary School, 889.00 feet to a point for
205	205	the southwest corner of said School, same being the northwest
206	206	corner of Windrose West Sec. 15 Amending Plat No. 1, a subdivision
207	207	of record under Film Code 600043, H.C.M.R. and from which a 3/4-inch
208	208	iron rod with a cap stamped "COTTON SURVEYING" found bears North 88°
209	209	22' 58" West, 2.47 feet;
210	210	Thence, South 02° 19' 34" East, along the west line of said
211	211	Windrose West Sec. 15, 613.36 feet to an angle point for corner;
212	212	Thence, South 02° 15' 50" East, continuing along the west line
213	213	of said Windrose West Sec. 15, 421.93 feet to an angle point for
214	214	corner;
215	215	Thence, South 02° 27' 35" East, continuing along the west line
216	216	of said Windrose West Sec. 15, 737.94 feet to a 5/8-inch iron rod
217	217	with a cap stamped "CARTER & BURGESS" found for the southwest corner
218	218	of said Windrose West Sec. 15, same being the northeast corner of
219	219	Windrose West Sec. 12, a subdivision of record under Film Code
220	220	556244, H.C.M.R.;
221	221	Thence, South 02° 24' 52" East, along the west line of said
222	222	Windrose West Sec. 12, 574.92 feet to a 5/8-inch iron rod with a cap
223	223	stamped "CARTER & BURGESS" found for the southwest corner of said
224	224	Windrose West Sec. 12;
225	225	Thence, North 87° 22' 10" East, along the south line of said
226	226	Windrose West Sec. 12, 291.75 feet to a 5/8-inch iron rod with a cap
227	227	stamped "CARTER & BURGESS" found for the northwest corner of
228	228	Windrose West Sec. 14, a subdivision of record under Film Code
229	229	576205, H.C.M.R.;
230	230	Thence, South 01° 41' 48" East, along the west line of said of
231	231	Windrose West Sec. 14, 1,358.62 feet to a 5/8-inch iron rod with a
232	232	cap stamped "CARTER & BURGESS" found for an interior angle point for
233	233	corner on said west line, same being the southeast corner of said
234	234	134.113 acre tract, said point being on the common survey line of
235	235	the aforementioned Thomas Martin and G.C. & S.F. R.R. Surveys;
236	236	Thence, South 87° 53' 49" West, continuing along said west
237	237	line and along the south line of said 134.113 acre tract and said
238	238	common survey line, passing the most northerly southwest corner of
239	239	said Windrose West Sec. 14 at 63.99 feet, same being the northeast
240	240	corner of the residue of a called 16.7436 acre tract known as "Tract
241	241	2" being conveyed to New Light Church World Outreach and Worship
242	242	Centers, Inc. under File Number S473526, H.C.O.P.R.R.P., from which
243	243	a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears
244	244	South 11° 59' 34" East, 1.08 feet, continuing along said south line,
245	245	a total of 1,332.77 feet to a point for corner, said point being on
246	246	the north line of the aforementioned 48.1306 acre tract;
247	247	Thence, South 34° 56' 11" West, departing the south line of
248	248	said 134.113 acre tract, the north line of said 48.1306 acre tract
249	249	and said common survey line, over and across said 48.1306 acre
250	250	tract, 359.28 feet to a point for corner;
251	251	Thence, South 02° 02' 25" East, continuing across said 48.1306
252	252	acre tract, 795.30 feet to a point for corner on the south line of
253	253	said 48.1306 acre tract;
254	254	Thence, South 87° 57' 28" West, along said south line, 857.69
255	255	feet to a 5/8-inch iron rod with cap stamped "AECOM-INC" found for
256	256	corner on the easterly right-of-way line of Stuebner-Airline Road
257	257	(called 120 feet wide) as described under File Number 20100437741,
258	258	H.C.O.P.R.R.P. and Volume 3042, Page 345, H.C.D.R.;
259	259	Thence, North 25° 49' 27" West, along said easterly
260	260	right-of-way line, 1,180.95 feet to a point for corner on the north
261	261	line of said 48.1306 acre tract and the south line of that certain
262	262	called 10.4772 acre tract conveyed to Morris Strack and Helen R.
263	263	Strack by an instrument of record under File Number T245825,
264	264	H.C.O.P.R.R.P., and the aforementioned common survey line of the
265	265	Thomas Martin and G. C. and S.F. R.R. Surveys;
266	266	Thence, North 87° 53' 49" East, along the north line of said
267	267	48.1306 acre tract, the south line of said 10.4772 acre tract and
268	268	along said common survey line, 767.63 feet to a 1/2-inch iron rod
269	269	found for the southeast corner of said 10.4722 acre tract and the
270	270	southwest corner of the aforementioned 134.113 acre tract;
271	271	Thence, North 16° 50' 36" West, departing said common survey
272	272	line and along the east line of said 10.4772 acre tract, 763.85 feet
273	273	to a 1/2-inch iron rod found for the northeast corner of said
274	274	10.4772 acre tract;
275	275	Thence, along the northerly line of said 10.4772 acre tract
276	276	and a southerly line of said 134.113 acre tract, the following three
277	277	(3) courses:
278	278	1) South 73° 26' 34" West, 532.31 feet to a 1/2-inch iron rod
279	279	found for corner;
280	280	2) South 26° 26' 59" East, 233.61 feet to a 5/8-inch iron rod
281	281	found for corner;
282	282	3) South 63° 25' 39" West, 299.22 feet to a 5/8-inch iron rod
283	283	with cap stamped "AECOM-INC" found for corner on the easterly
284	284	right-of-way line of said Stuebner-Airline Road;
285	285	Thence, North 25° 49' 27" West, along said easterly
286	286	right-of-way line, 751.96 feet to a 5/8-inch iron rod with cap
287	287	stamped "SURVCON" found for the south corner of that certain called
288	288	1.955 acre tract conveyed to Harris County by an instrument of
289	289	record under File Number 20100437741, H.C.O.P.R.R.P.;
290	290	Thence, along the southeasterly line of said 1.955 acre
291	291	tract, the following four (4) courses:
292	292	1) North 64° 13' 10" East, 106.29 feet to a 5/8-inch iron rod
293	293	with cap stamped "SURVCON" found for corner;
294	294	2) North 09° 27' 35" East, 62.36 feet to a 5/8-inch iron rod
295	295	with cap stamped "SURVCON" found for corner;
296	296	3) North 22° 59' 23" East, 225.45 feet to a 5/8-inch iron rod
297	297	with cap stamped "SURVCON" found for corner;
298	298	4) North 25° 49' 17" West, 77.74 feet to a 5/8-inch iron rod
299	299	with cap stamped "SURVCON" found for the northeast corner of said
300	300	1.955 acre tract, said point being on the south line of that certain
301	301	called 5.000 acre tract conveyed to J.M.C. and Associates, Inc. by
302	302	an instrument of record under File Number R457814, H.C.O.P.R.R.P.,
303	303	said point being on the north line of said 134.113 acre tract, and
304	304	being on the common survey line of the Thomas Martin and Milton
305	305	Yates Surveys;
306	306	Thence, North 87° 21' 28" East, along said common survey line,
307	307	207.75 feet to a point for the southeast corner of said 5.000 acre
308	308	tract and a re-entrant corner on the west line of said 134.113 acre
309	309	tract, same being the common south corner of said Milton Yates
310	310	Survey and the aforementioned Thomas Hironymus Survey;
311	311	Thence, North 02° 22' 08" West, along the common survey line
312	312	of the Milton Yates and said Thomas Hironymus Surveys and along a
313	313	west line of said 134.113 acre tract at 231.67 feet pass a 3/8-inch
314	314	iron rod found for the most northerly northwest corner of said
315	315	134.113 acre tract, same being the southwest corner of the
316	316	aforementioned 151.830 acre tract, continuing along said common
317	317	survey line and along the west line of said 151.830 acre tract, in
318	318	all a total distance of 1,104.29 feet to a 3/8-inch iron rod found
319	319	for the southeast corner of the aforementioned 76.3015 acre tract,
320	320	same being the northeast corner of that certain called 4.023 acre
321	321	tract conveyed to Sterling Bank by an instrument of record under
322	322	File Number 20090503482, H.C.O.P.R.R.P., said 4.023 acre tract
323	323	being a portion of that certain called 8.0240 acre tract conveyed to
324	324	John Dempsey, Brian Dempsey and Darryl Dempsey by an instrument of
325	325	record under File Number X690238, H.C.O.P.R.R.P.;
326	326	Thence, along the south line of said 76.3015 acre tract, the
327	327	following six (6) courses:
328	328	1) South 76° 50' 39" West, along the north line of said
329	329	8.0240 acre tract, 440.36 feet to a 5/8-inch iron rod with cap
330	330	stamped "HOVIS" found for the southeast corner of that certain
331	331	called 1.003 acre tract conveyed to Dan A. Hughes by an instrument
332	332	of record under File Number T782305, H.C.O.P.R.R.P.;
333	333	2) North 13° 09' 21" West, departing the north line of said
334	334	8.0240 acre tract and along the east line of said 1.003 acre tract,
335	335	235.00 feet to a point for corner;
336	336	3) South 76° 50' 39" West, along the north line of said 1.003
337	337	acre tract, 186.00 feet to a point for corner;
338	338	4) South 13° 09' 21" East, along the west line of said 1.003
339	339	acre tract, 235.00 feet to a 5/8-inch iron rod with cap stamped
340	340	"HOVIS" found for the southwest corner of said 1.003 acre tract,
341	341	said point being on the north line of said 8.0240 acre tract;
342	342	5) South 76° 44' 34" West, along the north line of said
343	343	8.0240 acre tract, 46.98 feet to a 3/8-inch iron rod found for an
344	344	angle point on the north line of said 8.0240 acre tract and the
345	345	south line of said 76.3015 acre tract;
346	346	6) South 62° 27' 26" West, continuing along the north line of
347	347	said 8.0240 acre tract, 285.67 feet to a point for corner on the
348	348	easterly right-of-way line of Stuebner-Airline Road (called 120
349	349	feet wide) as described under File Number 20100319615,
350	350	H.C.O.P.R.R.P.;
351	351	Thence, North 25° 49' 27" West, along said easterly
352	352	right-of-way line, 2,215.66 feet to a point for corner, the
353	353	beginning of a curve;
354	354	Thence, 392.98 feet continuing along said easterly
355	355	right-of-way line (width varies) and the arc of a tangent curve to
356	356	the right having a radius of 1,082.00 feet, a central angle of 20°
357	357	48' 35", and a chord that bears North 15° 25' 10" West, 390.82 feet
358	358	to a point for corner at the end of said curve on the aforementioned
359	359	southerly right-of-way line of F.M. 2920, the beginning of a curve;
360	360	Thence, 560.99 feet along said southerly right-of-way line of
361	361	F.M. 2920 and the arc of a non-tangent curve to the left having a
362	362	radius of 3,879.77 feet, a central angle of 08° 17' 05", and a chord
363	363	that bears South 88° 23' 15" East, 560.51 feet to a point for corner;
364	364	Thence, North 87° 28' 13" East, continuing along said
365	365	southerly right-of-way line of F.M. 2920, 3,971.10 feet to the
366	366	POINT OF BEGINNING and containing 384.307 acres of land.
367	367	SECTION 3. (a) The legal notice of the intention to
368	368	introduce this Act, setting forth the general substance of this
369	369	Act, has been published as provided by law, and the notice and a
370	370	copy of this Act have been furnished to all persons, agencies,
371	371	officials, or entities to which they are required to be furnished
372	372	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
373	373	Government Code.
374	374	(b) The governor, one of the required recipients, has
375	375	submitted the notice and Act to the Texas Commission on
376	376	Environmental Quality.
377	377	(c) The Texas Commission on Environmental Quality has filed
378	378	its recommendations relating to this Act with the governor, the
379	379	lieutenant governor, and the speaker of the house of
380	380	representatives within the required time.
381	381	(d) All requirements of the constitution and laws of this
382	382	state and the rules and procedures of the legislature with respect
383	383	to the notice, introduction, and passage of this Act are fulfilled
384	384	and accomplished.
385	385	SECTION 4. (a) If this Act does not receive a two-thirds
386	386	vote of all the members elected to each house, Subchapter C, Chapter
387	387	8451, Special District Local Laws Code, as added by Section 1 of
388	388	this Act, is amended by adding Section 8451.106 to read as follows:
389	389	Sec. 8451.106. NO EMINENT DOMAIN POWER. The district may
390	390	not exercise the power of eminent domain.
391	391	(b) This section is not intended to be an expression of a
392	392	legislative interpretation of the requirements of Section 17(c),
393	393	Article I, Texas Constitution.
394	394	SECTION 5. This Act takes effect immediately if it receives
395	395	a vote of two-thirds of all the members elected to each house, as
396	396	provided by Section 39, Article III, Texas Constitution. If this
397	397	Act does not receive the vote necessary for immediate effect, this
398	398	Act takes effect September 1, 2013.