Texas 2013 - 83rd Regular

Texas Senate Bill SB1820 Compare Versions

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1	1	By: Hegar S.B. No. 1820
2	2	(Bell)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of Waller County Improvement District No.
8	8	1; providing authority to impose an assessment, impose a tax, and
9	9	issue bonds.
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 3915 to read as follows:
13	13	CHAPTER 3915. WALLER COUNTY IMPROVEMENT DISTRICT NO. 1
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3915.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "City" means the City of Houston.
18	18	(3) "County" means Waller County.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the Waller County Improvement
21	21	District No. 1.
22	22	(6) "Rail facilities" includes all real and personal
23	23	property owned or held by the district for railroad purposes,
24	24	including land, interests in land, buildings, structures,
25	25	rights-of-way, easements, franchises, rail lines, stations,
26	26	platforms, terminals, rolling stock, garages, shops, equipment,
27	27	and facilities including vehicle parking areas and facilities, and
28	28	other facilities necessary or convenient for the beneficial use and
29	29	access of persons and vehicles to stations, terminals, yards,
30	30	vehicles, control houses, signals and land, facilities, and
31	31	equipment for the protection and environmental enhancement of those
32	32	facilities.
33	33	Sec. 3915.002. NATURE OF DISTRICT. The Waller County
34	34	Improvement District No. 1 is a special district created under
35	35	Section 59, Article XVI, Texas Constitution.
36	36	Sec. 3915.003. PURPOSE; DECLARATION OF INTENT. (a) The
37	37	creation of the district is essential to accomplish the purposes of
38	38	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
39	39	Texas Constitution, and other public purposes stated in this
40	40	chapter. By creating the district and in authorizing the city, the
41	41	county, and other political subdivisions to contract with the
42	42	district, the legislature has established a program to accomplish
43	43	the public purposes set out in Section 52-a, Article III, Texas
44	44	Constitution.
45	45	(b) The creation of the district is necessary to promote,
46	46	develop, encourage, and maintain employment, commerce,
47	47	transportation, housing, tourism, recreation, the arts,
48	48	entertainment, economic development, safety, and the public
49	49	welfare in the district.
50	50	(c) This chapter and the creation of the district may not be
51	51	interpreted to relieve the city or the county from providing the
52	52	level of services provided as of the effective date of the Act
53	53	enacting this chapter to the area in the district. The district is
54	54	created to supplement and not to supplant city or county services
55	55	provided in the district.
56	56	Sec. 3915.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
57	57	(a) The district is created to serve a public use and benefit.
58	58	(b) All land and other property included in the district
59	59	will benefit from the improvements and services to be provided by
60	60	the district under powers conferred by Sections 52 and 52-a,
61	61	Article III, and Section 59, Article XVI, Texas Constitution, and
62	62	other powers granted under this chapter.
63	63	(c) The creation of the district is in the public interest
64	64	and is essential to further the public purposes of:
65	65	(1) developing and diversifying the economy of the
66	66	state;
67	67	(2) eliminating unemployment and underemployment; and
68	68	(3) developing or expanding transportation and
69	69	commerce.
70	70	(d) The district will:
71	71	(1) promote the health, safety, and general welfare of
72	72	residents, employers, potential employees, employees, visitors,
73	73	and consumers in the district, and of the public;
74	74	(2) provide needed funding for the district to
75	75	preserve, maintain, and enhance the economic health and vitality of
76	76	the district territory as a community and business center;
77	77	(3) promote the health, safety, welfare, and enjoyment
78	78	of the public by providing pedestrian ways and by landscaping and
79	79	developing certain areas in the district, which are necessary for
80	80	the restoration, preservation, and enhancement of scenic beauty;
81	81	and
82	82	(4) provide for water, wastewater, drainage, road, and
83	83	recreational facilities for the district.
84	84	(e) Pedestrian ways along or across a street, whether at
85	85	grade or above or below the surface, and street lighting, street
86	86	landscaping, parking, rail facilities, and street art objects are
87	87	parts of and necessary components of a street or road and are
88	88	considered to be a street or road improvement.
89	89	(f) The district will not act as the agent or
90	90	instrumentality of any private interest even though the district
91	91	will benefit many private interests as well as the public.
92	92	(g) Rail facilities and improvements are necessary and
93	93	convenient for the:
94	94	(1) use and implementation of the district's road
95	95	facilities and improvements; and
96	96	(2) development and expansion of transportation in
97	97	this state.
98	98	Sec. 3915.005. INITIAL DISTRICT TERRITORY. (a) The
99	99	district is initially composed of the territory described by
100	100	Section 2 of the Act enacting this chapter.
101	101	(b) The boundaries and field notes contained in Section 2 of
102	102	the Act enacting this chapter form a closure. A mistake in the
103	103	field notes or in copying the field notes in the legislative process
104	104	does not affect the district's:
105	105	(1) organization, existence, or validity;
106	106	(2) right to issue any type of bonds for the purposes
107	107	for which the district is created or to pay the principal of and
108	108	interest on bonds;
109	109	(3) right to impose or collect an assessment or tax; or
110	110	(4) legality or operation.
111	111	Sec. 3915.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
112	112	All or any part of the area of the district is eligible to be
113	113	included in:
114	114	(1) a tax increment reinvestment zone created under
115	115	Chapter 311, Tax Code;
116	116	(2) a tax abatement reinvestment zone created under
117	117	Chapter 312, Tax Code;
118	118	(3) an enterprise zone created under Chapter 2303,
119	119	Government Code; or
120	120	(4) an industrial district created under Chapter 42,
121	121	Local Government Code.
122	122	Sec. 3915.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
123	123	DISTRICTS LAW. Except as otherwise provided by this chapter,
124	124	Chapter 375, Local Government Code, applies to the district.
125	125	Sec. 3915.008. CONSTRUCTION OF CHAPTER. This chapter shall
126	126	be liberally construed in conformity with the findings and purposes
127	127	stated in this chapter.
128	128	SUBCHAPTER B. BOARD OF DIRECTORS
129	129	Sec. 3915.051. GOVERNING BODY; TERMS. (a) The district is
130	130	governed by a board of five voting directors who serve staggered
131	131	terms of four years, with two or three directors' terms expiring
132	132	June 1 of each odd-numbered year.
133	133	(b) The board by resolution may change the number of voting
134	134	directors on the board if the board determines that the change is in
135	135	the best interest of the district. The board may not consist of
136	136	fewer than five or more than nine voting directors.
137	137	Sec. 3915.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
138	138	Commission on Environmental Quality shall appoint voting directors
139	139	from persons recommended by the board.
140	140	Sec. 3915.053. NONVOTING DIRECTORS. The board may appoint
141	141	nonvoting directors to serve at the pleasure of the voting
142	142	directors.
143	143	Sec. 3915.054. QUORUM. For purposes of determining the
144	144	requirements for a quorum of the board, the following are not
145	145	counted:
146	146	(1) a board position vacant for any reason, including
147	147	death, resignation, or disqualification;
148	148	(2) a director who is abstaining from participation in
149	149	a vote because of a conflict of interest; or
150	150	(3) a nonvoting director.
151	151	Sec. 3915.055. COMPENSATION. A director is entitled to
152	152	receive fees of office and reimbursement for actual expenses as
153	153	provided by Section 49.060, Water Code. Sections 375.069 and
154	154	375.070, Local Government Code, do not apply to the board.
155	155	Sec. 3915.056. INITIAL VOTING DIRECTORS. (a) On or after
156	156	the effective date of the Act creating this chapter, the owner or
157	157	owners of a majority of the assessed value of the real property in
158	158	the district according to the most recent certified tax appraisal
159	159	roll for the county may submit a petition to the Texas Commission on
160	160	Environmental Quality requesting that the commission appoint as
161	161	initial voting directors the five persons named in the petition.
162	162	The commission shall appoint the five persons named in the petition
163	163	as initial directors by position.
164	164	(b) Of the initial directors, the terms of directors
165	165	appointed for positions one through three expire June 1, 2015, and
166	166	the terms of directors appointed for positions four and five expire
167	167	June 1, 2017.
168	168	(c) Section 3915.052 does not apply to this section.
169	169	(d) This section expires September 1, 2017.
170	170	SUBCHAPTER C. POWERS AND DUTIES
171	171	Sec. 3915.101. GENERAL POWERS AND DUTIES. The district has
172	172	the powers and duties necessary to accomplish the purposes for
173	173	which the district is created.
174	174	Sec. 3915.102. IMPROVEMENT PROJECTS AND SERVICES. The
175	175	district may provide, design, construct, acquire, improve,
176	176	relocate, operate, maintain, or finance an improvement project or
177	177	service using any money available to the district, or contract with
178	178	a governmental or private entity to provide, design, construct,
179	179	acquire, improve, relocate, operate, maintain, or finance an
180	180	improvement project or service authorized under this chapter or
181	181	Chapter 375, Local Government Code.
182	182	Sec. 3915.103. DEVELOPMENT CORPORATION POWERS. The
183	183	district, using money available to the district, may exercise the
184	184	powers given to a development corporation under Chapter 505, Local
185	185	Government Code, including the power to own, operate, acquire,
186	186	construct, lease, improve, or maintain a project under that
187	187	chapter.
188	188	Sec. 3915.104. NONPROFIT CORPORATION. (a) The board by
189	189	resolution may authorize the creation of a nonprofit corporation to
190	190	assist and act for the district in implementing a project or
191	191	providing a service authorized by this chapter.
192	192	(b) The nonprofit corporation:
193	193	(1) has each power of and is considered to be a local
194	194	government corporation created under Subchapter D, Chapter 431,
195	195	Transportation Code; and
196	196	(2) may implement any project and provide any service
197	197	authorized by this chapter.
198	198	(c) The board shall appoint the board of directors of the
199	199	nonprofit corporation. The board of directors of the nonprofit
200	200	corporation shall serve in the same manner as the board of directors
201	201	of a local government corporation created under Subchapter D,
202	202	Chapter 431, Transportation Code, except that a board member is not
203	203	required to reside in the district.
204	204	Sec. 3915.105. AGREEMENTS; GRANTS. (a) As provided by
205	205	Chapter 375, Local Government Code, the district may make an
206	206	agreement with or accept a gift, grant, or loan from any person.
207	207	(b) The implementation of a project is a governmental
208	208	function or service for the purposes of Chapter 791, Government
209	209	Code.
210	210	Sec. 3915.106. LAW ENFORCEMENT SERVICES. To protect the
211	211	public interest, the district may contract with a qualified party,
212	212	including the county or the city, to provide law enforcement
213	213	services in the district for a fee.
214	214	Sec. 3915.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
215	215	district may join and pay dues to a charitable or nonprofit
216	216	organization that performs a service or provides an activity
217	217	consistent with the furtherance of a district purpose.
218	218	Sec. 3915.108. ECONOMIC DEVELOPMENT. (a) The district may
219	219	engage in activities that accomplish the economic development
220	220	purposes of the district.
221	221	(b) The district may establish and provide for the
222	222	administration of one or more programs to promote state or local
223	223	economic development and to stimulate business and commercial
224	224	activity in the district, including programs to:
225	225	(1) make loans and grants of public money; and
226	226	(2) provide district personnel and services.
227	227	(c) The district may create economic development programs
228	228	and exercise the economic development powers provided to
229	229	municipalities by:
230	230	(1) Chapter 380, Local Government Code; and
231	231	(2) Subchapter A, Chapter 1509, Government Code.
232	232	Sec. 3915.109. PARKING FACILITIES. (a) The district may
233	233	acquire, lease as lessor or lessee, construct, develop, own,
234	234	operate, and maintain parking facilities or a system of parking
235	235	facilities, including lots, garages, parking terminals, or other
236	236	structures or accommodations for parking motor vehicles off the
237	237	streets and related appurtenances.
238	238	(b) The district's parking facilities serve the public
239	239	purposes of the district and are owned, used, and held for a public
240	240	purpose even if leased or operated by a private entity for a term of
241	241	years.
242	242	(c) The district's parking facilities are parts of and
243	243	necessary components of a street and are considered to be a street
244	244	or road improvement.
245	245	(d) The development and operation of the district's parking
246	246	facilities may be considered an economic development program.
247	247	Sec. 3915.110. ANNEXATION OF LAND. The district may annex
248	248	land as provided by Subchapter J, Chapter 49, Water Code.
249	249	Sec. 3915.111. RAIL FACILITIES. The district may
250	250	construct, acquire, improve, maintain, finance, and operate rail
251	251	facilities and improvements.
252	252	Sec. 3915.112. NO EMINENT DOMAIN POWER. The district may
253	253	not exercise the power of eminent domain.
254	254	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
255	255	Sec. 3915.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
256	256	board by resolution shall establish the number of directors'
257	257	signatures and the procedure required for a disbursement or
258	258	transfer of district money.
259	259	Sec. 3915.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
260	260	The district may acquire, construct, finance, operate, or maintain
261	261	any improvement or service authorized under this chapter or Chapter
262	262	375, Local Government Code, using any money available to the
263	263	district.
264	264	Sec. 3915.153. PETITION REQUIRED FOR FINANCING SERVICES AND
265	265	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
266	266	service or improvement project with assessments under this chapter
267	267	unless a written petition requesting that service or improvement
268	268	has been filed with the board.
269	269	(b) A petition filed under Subsection (a) must be signed by
270	270	the owners of a majority of the assessed value of real property in
271	271	the district subject to assessment according to the most recent
272	272	certified tax appraisal roll for the county.
273	273	Sec. 3915.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
274	274	(a) The board by resolution may impose and collect an assessment
275	275	for any purpose authorized by this chapter in all or any part of the
276	276	district.
277	277	(b) An assessment, a reassessment, or an assessment
278	278	resulting from an addition to or correction of the assessment roll
279	279	by the district, penalties and interest on an assessment or
280	280	reassessment, an expense of collection, and reasonable attorney's
281	281	fees incurred by the district:
282	282	(1) are a first and prior lien against the property
283	283	assessed;
284	284	(2) are superior to any other lien or claim other than
285	285	a lien or claim for county, school district, or municipal ad valorem
286	286	taxes; and
287	287	(3) are the personal liability of and a charge against
288	288	the owners of the property even if the owners are not named in the
289	289	assessment proceedings.
290	290	(c) The lien is effective from the date of the board's
291	291	resolution imposing the assessment until the date the assessment is
292	292	paid. The board may enforce the lien in the same manner that the
293	293	board may enforce an ad valorem tax lien against real property.
294	294	(d) The board may make a correction to or deletion from the
295	295	assessment roll that does not increase the amount of assessment of
296	296	any parcel of land without providing notice and holding a hearing in
297	297	the manner required for additional assessments.
298	298	Sec. 3915.155. TAX AND ASSESSMENT ABATEMENTS. The district
299	299	may designate reinvestment zones and may grant abatements of a tax
300	300	or assessment on property in the zones.
301	301	SUBCHAPTER E. TAXES AND BONDS
302	302	Sec. 3915.201. ELECTIONS REGARDING TAXES AND BONDS.
303	303	(a) The district may issue, without an election, bonds, notes, and
304	304	other obligations secured by:
305	305	(1) revenue other than ad valorem taxes; or
306	306	(2) contract payments described by Section 3915.203.
307	307	(b) The district must hold an election in the manner
308	308	provided by Subchapter L, Chapter 375, Local Government Code, to
309	309	obtain voter approval before the district may impose an ad valorem
310	310	tax or issue bonds payable from ad valorem taxes.
311	311	(c) Section 375.243, Local Government Code, does not apply
312	312	to the district.
313	313	(d) All or any part of any facilities or improvements that
314	314	may be acquired by a district by the issuance of its bonds may be
315	315	submitted as a single proposition or as several propositions to be
316	316	voted on at the election.
317	317	Sec. 3915.202. OPERATION AND MAINTENANCE TAX. (a) If
318	318	authorized by a majority of the district voters voting at an
319	319	election held in accordance with Section 3915.201, the district may
320	320	impose an operation and maintenance tax on taxable property in the
321	321	district in accordance with Section 49.107, Water Code, for any
322	322	district purpose, including to:
323	323	(1) maintain and operate the district;
324	324	(2) construct or acquire improvements; or
325	325	(3) provide a service.
326	326	(b) The board shall determine the tax rate. The rate may not
327	327	exceed the rate approved at the election.
328	328	(c) Section 49.107(h), Water Code, does not apply to the
329	329	district.
330	330	Sec. 3915.203. CONTRACT TAXES. (a) In accordance with
331	331	Section 49.108, Water Code, the district may impose a tax other than
332	332	an operation and maintenance tax and use the revenue derived from
333	333	the tax to make payments under a contract after the provisions of
334	334	the contract have been approved by a majority of the district voters
335	335	voting at an election held for that purpose.
336	336	(b) A contract approved by the district voters may contain a
337	337	provision stating that the contract may be modified or amended by
338	338	the board without further voter approval.
339	339	Sec. 3915.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
340	340	AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
341	341	determined by the board. Section 375.205, Local Government Code,
342	342	does not apply to a loan, line of credit, or other borrowing from a
343	343	bank or financial institution secured by revenue other than ad
344	344	valorem taxes.
345	345	(b) The district may issue bonds, notes, or other
346	346	obligations payable wholly or partly from ad valorem taxes,
347	347	assessments, impact fees, revenue, contract payments, grants, or
348	348	other district money, or any combination of those sources of money,
349	349	to pay for any authorized district purpose.
350	350	(c) The limitation on the outstanding principal amount of
351	351	bonds, notes, and other obligations provided by Section 49.4645,
352	352	Water Code, does not apply to the district.
353	353	Sec. 3915.205. TAXES FOR BONDS. At the time the district
354	354	issues bonds payable wholly or partly from ad valorem taxes, the
355	355	board shall provide for the annual imposition of a continuing
356	356	direct annual ad valorem tax, without limit as to rate or amount,
357	357	for each year that all or part of the bonds are outstanding as
358	358	required and in the manner provided by Sections 54.601 and 54.602,
359	359	Water Code.
360	360	SECTION 2. The Waller County Improvement District No. 1
361	361	initially includes all territory contained in the following area:
362	362	FIELD NOTES FOR A 92.64 ACRE TRACT OF LAND IN THE H. & T.
363	363	C. RAILROAD COMPANY SURVEY SECTION 77, ABSTRACT 156, WALLER COUNTY,
364	364	TEXAS, BEING OUT OF AND A PART OF THE RESIDUE OF THAT CERTAIN CALLED
365	365	160.0437 ACRE TRACT (TRACT 4) RECORDED IN VOLUME 475, PAGE 502, DEED
366	366	RECORDS, WALLER COUNTY, TEXAS, WITH ALL BEARINGS BASED UPON THE
367	367	EAST LINE OF SAID SECTION 77 AS BEING NORTH 01 DEGREE 59 MINUTES 55
368	368	SECONDS WEST (ADJOINER CALLED NORTH 01 DEGREE 59 MINUTES 55 SECONDS
369	369	WEST).
370	370	COMMENCING at a 1/2 inch iron pipe found at the intersection
371	371	of the apparent occupied west right-of-way line of Shell Plant Road
372	372	(also called Cardiff Road (width varies)) and the apparent occupied
373	373	north right-of-way line of McAllister Road (50-feet wide) for the
374	374	southeast corner of a called 125.105 acre tract (Tract 3) recorded
375	375	in Volume 475, Page 502, Deed Records, Waller County, Texas, said
376	376	point being in the west line of an adjoining called 671.451 acre
377	377	tract (Tract 4) recorded in Volume 0882, Page 441, Official
378	378	Records, Waller County, Texas, from which point a 2-inch iron pipe
379	379	found for the southeast corner of said Section 77 bears North 02
380	380	degrees 32 minutes 48 seconds West, 114.43 feet (adjoiner called
381	381	North 02 degrees 32 minutes 48 seconds West, 114.43 feet);
382	382	THENCE South 88 degrees 44 minutes 46 seconds West (called
383	383	North 89 degrees 47 minutes 07 seconds West) along the south line of
384	384	said called 125.105 acre tract and said called 160.0437 acre tract,
385	385	same being the apparent occupied north right-of-way line of
386	386	McAllister Road, 2,670.50 feet to a 1/2 inch iron pipe with cap
387	387	marked "Kalkomey Surveying" found on said line for the southeast
388	388	corner and Place of Beginning of the herein described tract, said
389	389	point also being the southwest corner of an adjoining called 130.57
390	390	acre tract recorded in Volume 1304, Page 415, Official Records,
391	391	Waller County, Texas;
392	392	THENCE South 88 degrees 44 minutes 46 seconds West (called
393	393	North 89 degrees 47 minutes 07 seconds West) along the south line of
394	394	the herein described tract and said called 160.0437 acre tract,
395	395	same being the apparent occupied north right-of-way line of
396	396	McAllister Road, 1,484.40 feet to a point on said line for the
397	397	southwest corner of the herein described tract;
398	398	THENCE North 01 degree 27 minutes 59 seconds West
399	399	establishing the west line of the herein described tract, 2,715.51
400	400	feet to a point for the northwest corner of the herein described
401	401	tract, said point being in the north line of said called 160.0437
402	402	acre tract, same being the south line of an adjoining called 160.104
403	403	acre tract (Tract 1) recorded in Volume 475, Page 502, Deed Records,
404	404	Waller County, Texas;
405	405	THENCE North 88 degrees 30 minutes 52 seconds East (called
406	406	East) along the north line of the herein described tract and the
407	407	north line of said called 160.0437 acre tract, same being the south
408	408	line of said adjoining called 160.104 acre tract, 1,484.39 feet to a
409	409	1/2 inch iron pipe found for the northeast corner of the herein
410	410	described tract, same being the southeast corner of said adjoining
411	411	called 160.104 acre tract, the southwest corner of an adjoining
412	412	tract being called the Northeast Quarter of Section 77 recorded in
413	413	Volume 442, Page 928, Deed Records, Waller County, Texas, and the
414	414	northwest corner of the aforementioned adjoining called 130.57 acre
415	415	tract, from which point a found 1-1/2 inch bent iron pipe bears
416	416	South 60 degrees 06 minutes 35 seconds West, 9.44 feet;
417	417	THENCE South 01 degree 27 minutes 59 seconds East along the
418	418	east line of the herein described tract, same being the west line of
419	419	said adjoining called 130.57 acre tract, 2,721.52 feet to the Place
420	420	of Beginning and containing 92.64 acres of land, more or less.
421	421	SECTION 3. (a) The legal notice of the intention to
422	422	introduce this Act, setting forth the general substance of this
423	423	Act, has been published as provided by law, and the notice and a
424	424	copy of this Act have been furnished to all persons, agencies,
425	425	officials, or entities to which they are required to be furnished
426	426	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
427	427	Government Code.
428	428	(b) The governor, one of the required recipients, has
429	429	submitted the notice and Act to the Texas Commission on
430	430	Environmental Quality.
431	431	(c) The Texas Commission on Environmental Quality has filed
432	432	its recommendations relating to this Act with the governor,
433	433	lieutenant governor, and speaker of the house of representatives
434	434	within the required time.
435	435	(d) The general law relating to consent by political
436	436	subdivisions to the creation of districts with conservation,
437	437	reclamation, and road powers and the inclusion of land in those
438	438	districts has been complied with.
439	439	(e) All requirements of the constitution and laws of this
440	440	state and the rules and procedures of the legislature with respect
441	441	to the notice, introduction, and passage of this Act have been
442	442	fulfilled and accomplished.
443	443	SECTION 4. This Act takes effect immediately if it receives
444	444	a vote of two-thirds of all the members elected to each house, as
445	445	provided by Section 39, Article III, Texas Constitution. If this
446	446	Act does not receive the vote necessary for immediate effect, this
447	447	Act takes effect September 1, 2013.