Texas 2013 - 83rd Regular

Texas Senate Bill SB752 Compare Versions

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1	1	By: Patrick S.B. No. 752
2	2	(Riddle)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Harris County Municipal Utility
7	7	District No. 530; providing authority to impose a tax and issue
8	8	bonds; granting a limited power of eminent domain.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8451 to read as follows:
12	12	CHAPTER 8451. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 530
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8451.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means the Harris County Municipal
20	20	Utility District No. 530.
21	21	Sec. 8451.002. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 8451.003. CONFIRMATION AND DIRECTORS' ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 8451.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section 8451.003
30	30	until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district.
34	34	Sec. 8451.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	35	(a) The district is created to serve a public purpose and benefit.
36	36	(b) The district is created to accomplish the purposes of:
37	37	(1) a municipal utility district as provided by
38	38	general law and Section 59, Article XVI, Texas Constitution; and
39	39	(2) Section 52, Article III, Texas Constitution, that
40	40	relate to the construction, acquisition, improvement, operation,
41	41	or maintenance of macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 8451.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act enacting this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act enacting this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	SUBCHAPTER B. BOARD OF DIRECTORS
57	57	Sec. 8451.051. GOVERNING BODY; TERMS. (a) The district is
58	58	governed by a board of five elected directors.
59	59	(b) Except as provided by Section 8451.052, directors serve
60	60	staggered four-year terms.
61	61	Sec. 8451.052. TEMPORARY DIRECTORS. (a) The temporary
62	62	board consists of:
63	63	(1) Jerry Ashmore;
64	64	(2) Bari Pace;
65	65	(3) Robert Quarles;
66	66	(4) Neal Shudde; and
67	67	(5) Jim Thomas.
68	68	(b) Temporary directors serve until the earlier of:
69	69	(1) the date permanent directors are elected under
70	70	Section 8451.003; or
71	71	(2) the fourth anniversary of the effective date of
72	72	the Act enacting this chapter.
73	73	(c) If permanent directors have not been elected under
74	74	Section 8451.003 and the terms of the temporary directors have
75	75	expired, successor temporary directors shall be appointed or
76	76	reappointed as provided by Subsection (d) to serve terms that
77	77	expire on the earlier of:
78	78	(1) the date permanent directors are elected under
79	79	Section 8451.003; or
80	80	(2) the fourth anniversary of the date of the
81	81	appointment or reappointment.
82	82	(d) If Subsection (c) applies, the owner or owners of a
83	83	majority of the assessed value of the real property in the district
84	84	may submit a petition to the commission requesting that the
85	85	commission appoint as successor temporary directors the five
86	86	persons named in the petition. The commission shall appoint as
87	87	successor temporary directors the five persons named in the
88	88	petition.
89	89	SUBCHAPTER C. POWERS AND DUTIES
90	90	Sec. 8451.101. GENERAL POWERS AND DUTIES. The district has
91	91	the powers and duties necessary to accomplish the purposes for
92	92	which the district is created.
93	93	Sec. 8451.102. MUNICIPAL UTILITY DISTRICT POWERS AND
94	94	DUTIES. The district has the powers and duties provided by the
95	95	general law of this state, including Chapters 49 and 54, Water Code,
96	96	applicable to municipal utility districts created under Section 59,
97	97	Article XVI, Texas Constitution.
98	98	Sec. 8451.103. AUTHORITY FOR ROAD PROJECTS. Under Section
99	99	52, Article III, Texas Constitution, the district may design,
100	100	acquire, construct, finance, issue bonds for, improve, operate,
101	101	maintain, and convey to this state, a county, or a municipality for
102	102	operation and maintenance macadamized, graveled, or paved roads, or
103	103	improvements, including storm drainage, in aid of those roads.
104	104	Sec. 8451.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	105	road project must meet all applicable construction standards,
106	106	zoning and subdivision requirements, and regulations of each
107	107	municipality in whose corporate limits or extraterritorial
108	108	jurisdiction the road project is located.
109	109	(b) If a road project is not located in the corporate limits
110	110	or extraterritorial jurisdiction of a municipality, the road
111	111	project must meet all applicable construction standards,
112	112	subdivision requirements, and regulations of each county in which
113	113	the road project is located.
114	114	(c) If the state will maintain and operate the road, the
115	115	Texas Transportation Commission must approve the plans and
116	116	specifications of the road project.
117	117	Sec. 8451.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
118	118	OR RESOLUTION. The district shall comply with all applicable
119	119	requirements of any ordinance or resolution that is adopted under
120	120	Section 54.016 or 54.0165, Water Code, and that consents to the
121	121	creation of the district or to the inclusion of land in the
122	122	district.
123	123	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	124	Sec. 8451.151. ELECTIONS REGARDING TAXES OR BONDS.
125	125	(a) The district may issue, without an election, bonds and other
126	126	obligations secured by:
127	127	(1) revenue other than ad valorem taxes; or
128	128	(2) contract payments described by Section 8451.153.
129	129	(b) The district must hold an election in the manner
130	130	provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	131	before the district may impose an ad valorem tax or issue bonds
132	132	payable from ad valorem taxes.
133	133	(c) The district may not issue bonds payable from ad valorem
134	134	taxes to finance a road project unless the issuance is approved by a
135	135	vote of a two-thirds majority of the district voters voting at an
136	136	election held for that purpose.
137	137	Sec. 8451.152. OPERATION AND MAINTENANCE TAX. (a) If
138	138	authorized at an election held under Section 8451.151, the district
139	139	may impose an operation and maintenance tax on taxable property in
140	140	the district in accordance with Section 49.107, Water Code.
141	141	(b) The board shall determine the tax rate. The rate may not
142	142	exceed the rate approved at the election.
143	143	Sec. 8451.153. CONTRACT TAXES. (a) In accordance with
144	144	Section 49.108, Water Code, the district may impose a tax other than
145	145	an operation and maintenance tax and use the revenue derived from
146	146	the tax to make payments under a contract after the provisions of
147	147	the contract have been approved by a majority of the district voters
148	148	voting at an election held for that purpose.
149	149	(b) A contract approved by the district voters may contain a
150	150	provision stating that the contract may be modified or amended by
151	151	the board without further voter approval.
152	152	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
153	153	Sec. 8451.201. AUTHORITY TO ISSUE BONDS AND OTHER
154	154	OBLIGATIONS. The district may issue bonds or other obligations
155	155	payable wholly or partly from ad valorem taxes, impact fees,
156	156	revenue, contract payments, grants, or other district money, or any
157	157	combination of those sources, to pay for any authorized district
158	158	purpose.
159	159	Sec. 8451.202. TAXES FOR BONDS. At the time the district
160	160	issues bonds payable wholly or partly from ad valorem taxes, the
161	161	board shall provide for the annual imposition of a continuing
162	162	direct ad valorem tax, without limit as to rate or amount, while all
163	163	or part of the bonds are outstanding as required and in the manner
164	164	provided by Sections 54.601 and 54.602, Water Code.
165	165	Sec. 8451.203. BONDS FOR ROAD PROJECTS. At the time of
166	166	issuance, the total principal amount of bonds or other obligations
167	167	issued or incurred to finance road projects and payable from ad
168	168	valorem taxes may not exceed one-fourth of the assessed value of the
169	169	real property in the district.
170	170	SECTION 2. The Harris County Municipal Utility District
171	171	No. 530 initially includes all the territory contained in the
172	172	following area:
173	173	Being 384.307 acres of land located in the William Hironymus
174	174	Survey, Abstract 352, the Thomas Martin Survey, Abstract 552, the
175	175	Milton Yates Survey, Abstract 945 and the G. C. & S. F. R.R. Survey,
176	176	Abstract 1301, Harris County, Texas, more particularly being all
177	177	portion of that certain called 151.830 acre tract conveyed to
178	178	District & Urban (Texas), Inc. by an instrument of record under File
179	179	Number V839891, of the Official Public Records of Real Property, of
180	180	said Harris County, Texas (H.C.O.P.R.R.P.), all of the residue of
181	181	that certain called 76.3015 acre tract conveyed to District & Urban
182	182	(Texas), Inc. by an instrument of record under File Number U759568,
183	183	H.C.O.P.R.R.P., all of that certain called 134.113 acre tract
184	184	conveyed to New Light Church World Outreach and Worship Centers,
185	185	Inc. by an instrument of record under File Number 20110367407,
186	186	H.C.O.P.R.R.P., and a portion of that certain called 48.1306 acre
187	187	tract conveyed to New Light Church World Outreach and Worship
188	188	Centers, Inc. by an instrument of record under File Number S473526,
189	189	H.C.O.P.R.R.P., said 384.307 acre tract being more particularly
190	190	described by metes and bounds as follows (all bearings referenced
191	191	to the Texas State Plane Coordinate System, South Central Zone,
192	192	NAD83, 2001 adjustment);
193	193	BEGINNING at a 1/2-inch iron rod found at the northwest
194	194	corner of Klein I.S.D. Benignus Elementary School, a subdivision of
195	195	record under Film Code 591255, Harris County Map Records,
196	196	(H.C.M.R.), same being the northeast corner of said 134.113 acre
197	197	tract and being on the southerly right-of-way line of F.M. 2920 (120
198	198	feet wide) as recorded in Volume 7182, Pg. 575, Volume 7195, Page
199	199	405, and Volume 8040, Page 330, Harris County Deed Records
200	200	(H.C.D.R.);
201	201	Thence, South 02° 18' 34" East, along the west line of said
202	202	Klein I.S.D. Benignus Elementary School, 889.00 feet to a point for
203	203	the southwest corner of said School, same being the northwest
204	204	corner of Windrose West Sec. 15 Amending Plat No. 1, a subdivision
205	205	of record under Film Code 600043, H.C.M.R. and from which a 3/4-inch
206	206	iron rod with a cap stamped "COTTON SURVEYING" found bears North 88°
207	207	22' 58" West, 2.47 feet;
208	208	Thence, South 02° 19' 34" East, along the west line of said
209	209	Windrose West Sec. 15, 613.36 feet to an angle point for corner;
210	210	Thence, South 02° 15' 50" East, continuing along the west line
211	211	of said Windrose West Sec. 15, 421.93 feet to an angle point for
212	212	corner;
213	213	Thence, South 02° 27' 35" East, continuing along the west line
214	214	of said Windrose West Sec. 15, 737.94 feet to a 5/8-inch iron rod
215	215	with a cap stamped "CARTER & BURGESS" found for the southwest corner
216	216	of said Windrose West Sec. 15, same being the northeast corner of
217	217	Windrose West Sec. 12, a subdivision of record under Film Code
218	218	556244, H.C.M.R.;
219	219	Thence, South 02° 24' 52" East, along the west line of said
220	220	Windrose West Sec. 12, 574.92 feet to a 5/8-inch iron rod with a cap
221	221	stamped "CARTER & BURGESS" found for the southwest corner of said
222	222	Windrose West Sec. 12;
223	223	Thence, North 87° 22' 10" East, along the south line of said
224	224	Windrose West Sec. 12, 291.75 feet to a 5/8-inch iron rod with a cap
225	225	stamped "CARTER & BURGESS" found for the northwest corner of
226	226	Windrose West Sec. 14, a subdivision of record under Film Code
227	227	576205, H.C.M.R.;
228	228	Thence, South 01° 41' 48" East, along the west line of said of
229	229	Windrose West Sec. 14, 1,358.62 feet to a 5/8-inch iron rod with a
230	230	cap stamped "CARTER & BURGESS" found for an interior angle point for
231	231	corner on said west line, same being the southeast corner of said
232	232	134.113 acre tract, said point being on the common survey line of
233	233	the aforementioned Thomas Martin and G.C. & S.F. R.R. Surveys;
234	234	Thence, South 87° 53' 49" West, continuing along said west
235	235	line and along the south line of said 134.113 acre tract and said
236	236	common survey line, passing the most northerly southwest corner of
237	237	said Windrose West Sec. 14 at 63.99 feet, same being the northeast
238	238	corner of the residue of a called 16.7436 acre tract known as "Tract
239	239	2" being conveyed to New Light Church World Outreach and Worship
240	240	Centers, Inc. under File Number S473526, H.C.O.P.R.R.P., from which
241	241	a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears
242	242	South 11° 59' 34" East, 1.08 feet, continuing along said south line,
243	243	a total of 1,332.77 feet to a point for corner, said point being on
244	244	the north line of the aforementioned 48.1306 acre tract;
245	245	Thence, South 34° 56' 11" West, departing the south line of
246	246	said 134.113 acre tract, the north line of said 48.1306 acre tract
247	247	and said common survey line, over and across said 48.1306 acre
248	248	tract, 359.28 feet to a point for corner;
249	249	Thence, South 02° 02' 25" East, continuing across said 48.1306
250	250	acre tract, 795.30 feet to a point for corner on the south line of
251	251	said 48.1306 acre tract;
252	252	Thence, South 87° 57' 28" West, along said south line, 857.69
253	253	feet to a 5/8-inch iron rod with cap stamped "AECOM-INC" found for
254	254	corner on the easterly right-of-way line of Stuebner-Airline Road
255	255	(called 120 feet wide) as described under File Number 20100437741,
256	256	H.C.O.P.R.R.P. and Volume 3042, Page 345, H.C.D.R.;
257	257	Thence, North 25° 49' 27" West, along said easterly
258	258	right-of-way line, 1,180.95 feet to a point for corner on the north
259	259	line of said 48.1306 acre tract and the south line of that certain
260	260	called 10.4772 acre tract conveyed to Morris Strack and Helen R.
261	261	Strack by an instrument of record under File Number T245825,
262	262	H.C.O.P.R.R.P., and the aforementioned common survey line of the
263	263	Thomas Martin and G. C. and S.F. R.R. Surveys;
264	264	Thence, North 87° 53' 49" East, along the north line of said
265	265	48.1306 acre tract, the south line of said 10.4772 acre tract and
266	266	along said common survey line, 767.63 feet to a 1/2-inch iron rod
267	267	found for the southeast corner of said 10.4722 acre tract and the
268	268	southwest corner of the aforementioned 134.113 acre tract;
269	269	Thence, North 16° 50' 36" West, departing said common survey
270	270	line and along the east line of said 10.4772 acre tract, 763.85 feet
271	271	to a 1/2-inch iron rod found for the northeast corner of said
272	272	10.4772 acre tract;
273	273	Thence, along the northerly line of said 10.4772 acre tract
274	274	and a southerly line of said 134.113 acre tract, the following three
275	275	(3) courses:
276	276	1) South 73° 26' 34" West, 532.31 feet to a 1/2-inch iron rod
277	277	found for corner;
278	278	2) South 26° 26' 59" East, 233.61 feet to a 5/8-inch iron rod
279	279	found for corner;
280	280	3) South 63° 25' 39" West, 299.22 feet to a 5/8-inch iron rod
281	281	with cap stamped "AECOM-INC" found for corner on the easterly
282	282	right-of-way line of said Stuebner-Airline Road;
283	283	Thence, North 25° 49' 27" West, along said easterly
284	284	right-of-way line, 751.96 feet to a 5/8-inch iron rod with cap
285	285	stamped "SURVCON" found for the south corner of that certain called
286	286	1.955 acre tract conveyed to Harris County by an instrument of
287	287	record under File Number 20100437741, H.C.O.P.R.R.P.;
288	288	Thence, along the southeasterly line of said 1.955 acre
289	289	tract, the following four (4) courses:
290	290	1) North 64° 13' 10" East, 106.29 feet to a 5/8-inch iron rod
291	291	with cap stamped "SURVCON" found for corner;
292	292	2) North 09° 27' 35" East, 62.36 feet to a 5/8-inch iron rod
293	293	with cap stamped "SURVCON" found for corner;
294	294	3) North 22° 59' 23" East, 225.45 feet to a 5/8-inch iron rod
295	295	with cap stamped "SURVCON" found for corner;
296	296	4) North 25° 49' 17" West, 77.74 feet to a 5/8-inch iron rod
297	297	with cap stamped "SURVCON" found for the northeast corner of said
298	298	1.955 acre tract, said point being on the south line of that certain
299	299	called 5.000 acre tract conveyed to J.M.C. and Associates, Inc. by
300	300	an instrument of record under File Number R457814, H.C.O.P.R.R.P.,
301	301	said point being on the north line of said 134.113 acre tract, and
302	302	being on the common survey line of the Thomas Martin and Milton
303	303	Yates Surveys;
304	304	Thence, North 87° 21' 28" East, along said common survey line,
305	305	207.75 feet to a point for the southeast corner of said 5.000 acre
306	306	tract and a re-entrant corner on the west line of said 134.113 acre
307	307	tract, same being the common south corner of said Milton Yates
308	308	Survey and the aforementioned Thomas Hironymus Survey;
309	309	Thence, North 02° 22' 08" West, along the common survey line
310	310	of the Milton Yates and said Thomas Hironymus Surveys and along a
311	311	west line of said 134.113 acre tract at 231.67 feet pass a 3/8-inch
312	312	iron rod found for the most northerly northwest corner of said
313	313	134.113 acre tract, same being the southwest corner of the
314	314	aforementioned 151.830 acre tract, continuing along said common
315	315	survey line and along the west line of said 151.830 acre tract, in
316	316	all a total distance of 1,104.29 feet to a 3/8-inch iron rod found
317	317	for the southeast corner of the aforementioned 76.3015 acre tract,
318	318	same being the northeast corner of that certain called 4.023 acre
319	319	tract conveyed to Sterling Bank by an instrument of record under
320	320	File Number 20090503482, H.C.O.P.R.R.P., said 4.023 acre tract
321	321	being a portion of that certain called 8.0240 acre tract conveyed to
322	322	John Dempsey, Brian Dempsey and Darryl Dempsey by an instrument of
323	323	record under File Number X690238, H.C.O.P.R.R.P.;
324	324	Thence, along the south line of said 76.3015 acre tract, the
325	325	following six (6) courses:
326	326	1) South 76° 50' 39" West, along the north line of said
327	327	8.0240 acre tract, 440.36 feet to a 5/8-inch iron rod with cap
328	328	stamped "HOVIS" found for the southeast corner of that certain
329	329	called 1.003 acre tract conveyed to Dan A. Hughes by an instrument
330	330	of record under File Number T782305, H.C.O.P.R.R.P.;
331	331	2) North 13° 09' 21" West, departing the north line of said
332	332	8.0240 acre tract and along the east line of said 1.003 acre tract,
333	333	235.00 feet to a point for corner;
334	334	3) South 76° 50' 39" West, along the north line of said 1.003
335	335	acre tract, 186.00 feet to a point for corner;
336	336	4) South 13° 09' 21" East, along the west line of said 1.003
337	337	acre tract, 235.00 feet to a 5/8-inch iron rod with cap stamped
338	338	"HOVIS" found for the southwest corner of said 1.003 acre tract,
339	339	said point being on the north line of said 8.0240 acre tract;
340	340	5) South 76° 44' 34" West, along the north line of said
341	341	8.0240 acre tract, 46.98 feet to a 3/8-inch iron rod found for an
342	342	angle point on the north line of said 8.0240 acre tract and the
343	343	south line of said 76.3015 acre tract;
344	344	6) South 62° 27' 26" West, continuing along the north line of
345	345	said 8.0240 acre tract, 285.67 feet to a point for corner on the
346	346	easterly right-of-way line of Stuebner-Airline Road (called 120
347	347	feet wide) as described under File Number 20100319615,
348	348	H.C.O.P.R.R.P.;
349	349	Thence, North 25° 49' 27" West, along said easterly
350	350	right-of-way line, 2,215.66 feet to a point for corner, the
351	351	beginning of a curve;
352	352	Thence, 392.98 feet continuing along said easterly
353	353	right-of-way line (width varies) and the arc of a tangent curve to
354	354	the right having a radius of 1,082.00 feet, a central angle of 20°
355	355	48' 35", and a chord that bears North 15° 25' 10" West, 390.82 feet
356	356	to a point for corner at the end of said curve on the aforementioned
357	357	southerly right-of-way line of F.M. 2920, the beginning of a curve;
358	358	Thence, 560.99 feet along said southerly right-of-way line of
359	359	F.M. 2920 and the arc of a non-tangent curve to the left having a
360	360	radius of 3,879.77 feet, a central angle of 08° 17' 05", and a chord
361	361	that bears South 88° 23' 15" East, 560.51 feet to a point for corner;
362	362	Thence, North 87° 28' 13" East, continuing along said
363	363	southerly right-of-way line of F.M. 2920, 3,971.10 feet to the
364	364	POINT OF BEGINNING and containing 384.307 acres of land.
365	365	SECTION 3. (a) The legal notice of the intention to
366	366	introduce this Act, setting forth the general substance of this
367	367	Act, has been published as provided by law, and the notice and a
368	368	copy of this Act have been furnished to all persons, agencies,
369	369	officials, or entities to which they are required to be furnished
370	370	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
371	371	Government Code.
372	372	(b) The governor, one of the required recipients, has
373	373	submitted the notice and Act to the Texas Commission on
374	374	Environmental Quality.
375	375	(c) The Texas Commission on Environmental Quality has filed
376	376	its recommendations relating to this Act with the governor, the
377	377	lieutenant governor, and the speaker of the house of
378	378	representatives within the required time.
379	379	(d) All requirements of the constitution and laws of this
380	380	state and the rules and procedures of the legislature with respect
381	381	to the notice, introduction, and passage of this Act are fulfilled
382	382	and accomplished.
383	383	SECTION 4. (a) If this Act does not receive a two-thirds
384	384	vote of all the members elected to each house, Subchapter C, Chapter
385	385	8451, Special District Local Laws Code, as added by Section 1 of
386	386	this Act, is amended by adding Section 8451.106 to read as follows:
387	387	Sec. 8451.106. NO EMINENT DOMAIN POWER. The district may
388	388	not exercise the power of eminent domain.
389	389	(b) This section is not intended to be an expression of a
390	390	legislative interpretation of the requirements of Subsection (c),
391	391	Section 17, Article I, Texas Constitution.
392	392	SECTION 5. This Act takes effect immediately if it receives
393	393	a vote of two-thirds of all the members elected to each house, as
394	394	provided by Section 39, Article III, Texas Constitution. If this
395	395	Act does not receive the vote necessary for immediate effect, this
396	396	Act takes effect September 1, 2013.