Texas 2015 - 84th Regular

Texas House Bill HB4159 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Aycock (Senate Sponsor - Fraser) H.B. No. 4159
2		-	(In the Senate - Received from the House May 11, 2015;
3		-	May 13, 2015, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 22, 2015, reported favorably by
5		-	the following vote: Yeas 5, Nays 0; May 22, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 4159
7	2
8	3
9		-	A BILL TO BE ENTITLED
10		-	AN ACT
11	4		relating to the creation of the Bell County Municipal Utility
12	5		District No. 3; granting a limited power of eminent domain;
13	6		providing authority to issue bonds; providing authority to impose
14	7		assessments, fees, and taxes.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	10		Code, is amended by adding Chapter 7936 to read as follows:
18	11		CHAPTER 7936. BELL COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
19	12		SUBCHAPTER A. GENERAL PROVISIONS
20	13		Sec. 7936.001. DEFINITIONS. In this chapter:
21	14		(1) "Board" means the district's board of directors.
22	15		(2) "Commission" means the Texas Commission on
23	16		Environmental Quality.
24	17		(3) "Director" means a board member.
25	18		(4) "District" means the Bell County Municipal Utility
26	19		District No. 3.
27	20		Sec. 7936.002. NATURE OF DISTRICT. The district is a
28	21		municipal utility district created under Section 59, Article XVI,
29	22		Texas Constitution.
30	23		Sec. 7936.003. CONFIRMATION AND DIRECTORS' ELECTION
31	24		REQUIRED. The temporary directors shall hold an election to
32	25		confirm the creation of the district and to elect five permanent
33	26		directors as provided by Section 49.102, Water Code.
34	27		Sec. 7936.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	28		temporary directors may not hold an election under Section 7936.003
36	29		until each municipality in whose corporate limits or
37	30		extraterritorial jurisdiction the district is located has
38	31		consented by ordinance or resolution to the creation of the
39	32		district and to the inclusion of land in the district.
40	33		Sec. 7936.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
41	34		The district is created to serve a public purpose and benefit.
42	35		(b) The district is created to accomplish the purposes of:
43	36		(1) a municipal utility district as provided by
44	37		general law and Section 59, Article XVI, Texas Constitution; and
45	38		(2) Section 52, Article III, Texas Constitution, that
46	39		relate to the construction, acquisition, improvement, operation,
47	40		or maintenance of macadamized, graveled, or paved roads, or
48	41		improvements, including storm drainage, in aid of those roads.
49	42		Sec. 7936.006. INITIAL DISTRICT TERRITORY. (a) The
50	43		district is initially composed of the territory described by
51	44		Section 2 of the Act enacting this chapter.
52	45		(b) The boundaries and field notes contained in Section 2 of
53	46		the Act enacting this chapter form a closure. A mistake made in the
54	47		field notes or in copying the field notes in the legislative process
55	48		does not affect the district's:
56	49		(1) organization, existence, or validity;
57	50		(2) right to issue any type of bond for the purposes
58	51		for which the district is created or to pay the principal of and
59	52		interest on a bond;
60	53		(3) right to impose a tax; or
61	54		(4) legality or operation.
62	55		SUBCHAPTER B. BOARD OF DIRECTORS
63	56		Sec. 7936.051. GOVERNING BODY; TERMS. (a) The district is
64	57		governed by a board of five elected directors.
65	58		(b) Except as provided by Section 7936.052, directors serve
66	59		staggered four-year terms.
67	60		Sec. 7936.052. TEMPORARY DIRECTORS. (a) On or after the
68	61		effective date of the Act enacting this chapter, the owner or owners
69	62		of a majority of the assessed value of the real property in the
70	63		district may submit a petition to the commission requesting that
71	64		the commission appoint as temporary directors the five persons
72	65		named in the petition. The commission shall appoint as temporary
73	66		directors the five persons named in the petition.
74	67		(b) Temporary directors serve until the earlier of:
75	68		(1) the date permanent directors are elected under
76	69		Section 7936.003; or
77	70		(2) the fourth anniversary of the effective date of
78	71		the Act enacting this chapter.
79	72		(c) If permanent directors have not been elected under
80	73		Section 7936.003 and the terms of the temporary directors have
81	74		expired, successor temporary directors shall be appointed or
82	75		reappointed as provided by Subsection (d) to serve terms that
83	76		expire on the earlier of:
84	77		(1) the date permanent directors are elected under
85	78		Section 7936.003; or
86	79		(2) the fourth anniversary of the date of the
87	80		appointment or reappointment.
88	81		(d) If Subsection (c) applies, the owner or owners of a
89	82		majority of the assessed value of the real property in the district
90	83		may submit a petition to the commission requesting that the
91	84		commission appoint as successor temporary directors the five
92	85		persons named in the petition. The commission shall appoint as
93	86		successor temporary directors the five persons named in the
94	87		petition.
95	88		SUBCHAPTER C. POWERS AND DUTIES
96	89		Sec. 7936.101. GENERAL POWERS AND DUTIES. The district has
97	90		the powers and duties necessary to accomplish the purposes for
98	91		which the district is created.
99	92		Sec. 7936.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100	93		DUTIES. The district has the powers and duties provided by the
101	94		general law of this state, including Chapters 49 and 54, Water Code,
102	95		applicable to municipal utility districts created under Section 59,
103	96		Article XVI, Texas Constitution.
104	97		Sec. 7936.103. AUTHORITY FOR ROAD PROJECTS. Under Section
105	98		52, Article III, Texas Constitution, the district may design,
106	99		acquire, construct, finance, issue bonds for, improve, operate,
107	100		maintain, and convey to this state, a county, or a municipality for
108	101		operation and maintenance macadamized, graveled, or paved roads, or
109	102		improvements, including storm drainage, in aid of those roads.
110	103		Sec. 7936.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
111	104		project must meet all applicable construction standards, zoning and
112	105		subdivision requirements, and regulations of each municipality in
113	106		whose corporate limits or extraterritorial jurisdiction the road
114	107		project is located.
115	108		(b) If a road project is not located in the corporate limits
116	109		or extraterritorial jurisdiction of a municipality, the road
117	110		project must meet all applicable construction standards,
118	111		subdivision requirements, and regulations of each county in which
119	112		the road project is located.
120	113		(c) If the state will maintain and operate the road, the
121	114		Texas Transportation Commission must approve the plans and
122	115		specifications of the road project.
123	116		Sec. 7936.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
124	117		OR RESOLUTION. The district shall comply with all applicable
125	118		requirements of any ordinance or resolution that is adopted under
126	119		Section 54.016 or 54.0165, Water Code, and that consents to the
127	120		creation of the district or to the inclusion of land in the
128	121		district.
129	122		Sec. 7936.106. DIVISION OF DISTRICT. (a) The district may
130	123		be divided into two or more districts only if:
131	124		(1) the district has no outstanding bonded debt;
132	125		(2) the district is not imposing ad valorem taxes; and
133	126		(3) the requirements of Subsection (i), as applicable,
134	127		are satisfied.
135	128		(b) This chapter applies to any new district created by the
136	129		division of the district, and a new district has all the powers and
137	130		duties of the district.
138	131		(c) A new district created by the division of the district
139	132		may not, at the time the new district is created, contain any land
140	133		outside the area described by Section 2 of the Act creating this
141	134		chapter.
142	135		(d) The board, on its own motion or on receipt of a petition
143	136		signed by the owner or owners of a majority of the assessed value of
144	137		the real property in the district, may adopt an order dividing the
145	138		district.
146	139		(e) The board may adopt an order dividing the district
147	140		before or after the date the board holds an election under Section
148	141		7936.003 to confirm the district's creation.
149	142		(f) An order dividing the district shall:
150	143		(1) name each new district;
151	144		(2) include the metes and bounds of each new district;
152	145		(3) appoint temporary directors for each new district;
153	146		and
154	147		(4) provide for the division of assets and liabilities
155	148		between the district and each new district.
156	149		(g) On or before the 30th day after the date of adoption of
157	150		an order dividing the district, the district shall file the order
158	151		with the Texas Commission on Environmental Quality and record the
159	152		order in the real property records of each county in which the
160	153		district is located.
161	154		(h) A new district created by the division of the district
162	155		shall hold a confirmation and directors' election as required by
163	156		Section 7936.003.
164	157		(i) If the district is located wholly or partly in the
165	158		corporate limits or the extraterritorial jurisdiction of a
166	159		municipality, the district may not divide under this section unless
167	160		the municipality by resolution or ordinance consents to the
168	161		division of the district. If the district is not located wholly or
169	162		partly in the corporate limits or extraterritorial jurisdiction of
170	163		a municipality, the district may not divide under this section
171	164		unless the commissioners court of each county in which the district
172	165		is wholly or partly located first adopts a resolution or order in
173	166		support of the division of the district.
174	167		(j) Any new district created by the division of the district
175	168		must hold an election as required by this chapter to obtain voter
176	169		approval before the district may impose a maintenance tax or issue
177	170		bonds payable wholly or partly from ad valorem taxes.
178	171		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
179	172		Sec. 7936.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
180	173		district may issue, without an election, bonds and other
181	174		obligations secured by:
182	175		(1) revenue other than ad valorem taxes; or
183	176		(2) contract payments described by Section 7936.153.
184	177		(b) The district must hold an election in the manner
185	178		provided by Chapters 49 and 54, Water Code, to obtain voter approval
186	179		before the district may impose an ad valorem tax or issue bonds
187	180		payable from ad valorem taxes.
188	181		(c) The district may not issue bonds payable from ad valorem
189	182		taxes to finance a road project unless the issuance is approved by a
190	183		vote of a two-thirds majority of the district voters voting at an
191	184		election held for that purpose.
192	185		Sec. 7936.152. OPERATION AND MAINTENANCE TAX. (a) If
193	186		authorized at an election held under Section 7936.151, the district
194	187		may impose an operation and maintenance tax on taxable property in
195	188		the district in accordance with Section 49.107, Water Code.
196	189		(b) The board shall determine the tax rate. The rate may not
197	190		exceed the rate approved at the election.
198	191		Sec. 7936.153. CONTRACT TAXES. (a) In accordance with
199	192		Section 49.108, Water Code, the district may impose a tax other than
200	193		an operation and maintenance tax and use the revenue derived from
201	194		the tax to make payments under a contract after the provisions of
202	195		the contract have been approved by a majority of the district voters
203	196		voting at an election held for that purpose.
204	197		(b) A contract approved by the district voters may contain a
205	198		provision stating that the contract may be modified or amended by
206	199		the board without further voter approval.
207	200		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
208	201		Sec. 7936.201. AUTHORITY TO ISSUE BONDS AND OTHER
209	202		OBLIGATIONS. The district may issue bonds or other obligations
210	203		payable wholly or partly from ad valorem taxes, impact fees,
211	204		revenue, contract payments, grants, or other district money, or any
212	205		combination of those sources, to pay for any authorized district
213	206		purpose.
214	207		Sec. 7936.202. TAXES FOR BONDS. At the time the district
215	208		issues bonds payable wholly or partly from ad valorem taxes, the
216	209		board shall provide for the annual imposition of a continuing
217	210		direct ad valorem tax, without limit as to rate or amount, while all
218	211		or part of the bonds are outstanding as required and in the manner
219	212		provided by Sections 54.601 and 54.602, Water Code.
220	213		Sec. 7936.203. BONDS FOR ROAD PROJECTS. At the time of
221	214		issuance, the total principal amount of bonds or other obligations
222	215		issued or incurred to finance road projects and payable from ad
223	216		valorem taxes may not exceed one-fourth of the assessed value of the
224	217		real property in the district.
225	218		SECTION 2. The Bell County Municipal Utility District No. 3
226	219		initially includes all the territory contained in the following
227	220		area:
228	221		1221.63 ACRES, situated in the J. GREENWOOD SURVEY, ABSTRACT
229	222		367, the D. F. HAIR SURVEY, ABSTRACT 1088, the CYNTHIA GILBERT
230	223		SURVEY, ABSTRACT 346, the J. KIZZIER SURVEY, ABSTRACT 496, the W. S.
231	224		BLACK SURVEY, ABSTRACT 128, and the PRESTON CONLEY SURVEY, ABSTRACT
232	225		213, Bell County, Texas, embracing all of a called 425.18 Acre tract
233	226		conveyed as Tract One, all of a called 382.61 Acre tract, conveyed
234	227		as Tract Two, and all of a called 413.72 Acre tract, conveyed as
235	228		Tract Three, to Whitis Land Investments, Ltd. in Document
236	229		No. 2013-00000874, Official Public Records of Real Property, Bell
237	230		County, Texas, and being more particularly described as follows:
238	231		BEGINNING at a point at the northwest corner of said 413.73
239	232		Acre tract, being the northeast corner of a portion of called 1748.4
240	233		Acres conveyed as the Sixth Tract to Solana Ranch Company in Volume
241	234		621, Page 624, Deed Records of Bell County, Texas, and being on the
242	235		south line of F. M. 2843, for the northwest corner of the herein
243	236		described tract;
244	237		THENCE, in an easterly direction, with the south line of said
245	238		F. M. 2843, S 71° 26' 42" E - 905.35', to a point at the northwest
246	239		corner of a called 4 Acre tract conveyed to David R. Cummings and
247	240		wife, Cari S. Cummings in Volume 2972, Page 399, Official Public
248	241		Records of Real Property, Bell County, Texas;
249	242		THENCE, in a southerly direction, with the west line of said 4
250	243		Acre tract, S 09° 05' 25" W - 569.33', to a point at the southwest
251	244		corner of said 4 Acre tract, for an interior corner of the herein
252	245		described tract;
253	246		THENCE, in an easterly direction, with the south line of said
254	247		4 Acre tract and the south line of a tract conveyed to Michael L.
255	248		Shobe and wife, Susan C. Shobe in Volume 4849, Page 517, Official
256	249		Public Records of Real Property, Bell County, Texas, N 87° 55' 33" E
257	250		- 1018.04', to a point for an interior corner of the herein
258	251		described tract;
259	252		THENCE, in a northerly direction, with the east line of said
260	253		Shobe tract, N 04° 13' 09" W - 386.78', to a point at the northeast
261	254		corner of said Shobe tract, being on the south line of said F. M.
262	255		2843;
263	256		THENCE, in an easterly direction, with the south line of said
264	257		F. M. 2843, S 88° 36' 25" E - 64.47', to a point at the northwest
265	258		corner of a called 21.5 Acre tract conveyed to Bradley Leo Buckley
266	259		and Susan Carol in Volume 5671, Page 475, Official Public Records of
267	260		Real Property, Bell County, Texas;
268	261		THENCE, in a southerly direction, with the west line of said
269	262		21.5 Acre tract, S 04° 25' 29" E - 876.99', to a point at the
270	263		southwest corner of said 21.5 Acre tract, for an interior corner of
271	264		the herein described tract;
272	265		THENCE, in an easterly direction, with the south line of said
273	266		21.5 Acre tract, the following calls:
274	267		1. N 76° 16' 53" E - 169.62', a point,
275	268		2. N 80° 44' 30" E - 216.92', a point,
276	269		3. N 81° 53' 49" E - 76.48', a point,
277	270		4. N 85° 10' 57" E - 140.54', a point,
278	271		5. N 86° 49' 14" E - 108.17', a point,
279	272		6. S 84° 56' 18" E - 60.02', a point,
280	273		7. S 71° 35' 53" E - 123.69', a point,
281	274		8. S 64° 12' 49" E - 100.03', a point,
282	275		9. S 54° 37' 38" E - 29.23', a point,
283	276		10. S 30° 56' 02" W - 59.70', a point, and
284	277		11. S 87° 16' 17" E - 159.70', to a point;
285	278		THENCE, in a northeasterly direction, with the south line of
286	279		said 21.5 Acre tract, and the south line of a called 12.35 Acre
287	280		tract conveyed to Elmer L. Edens and wife, Susan Edens in Volume
288	281		2235, Page 345, Deed Records of Bell County, Texas, N 55° 00' 45" E -
289	282		1135.09', to a point at the southeast corner of said 12.35 Acre
290	283		tract, for an interior corner of the herein described tract;
291	284		THENCE, in a northerly direction, with the east line of said
292	285		12.35 Acre tract, N 19° 39' 56" W - 260.68', to a point on the south
293	286		line of said F. M. 2843;
294	287		THENCE, in an easterly direction, with the south line of said
295	288		F. M. 2843, the following calls:
296	289		1. S 89° 03' 11" E - 103.73', a point,
297	290		2. S 35° 21' 24" E - 151.15', a point,
298	291		3. N 79° 27' 44" E - 110.78', a point,
299	292		4. N 02° 29' 25" E - 69.54', a point,
300	293		5. S 88° 57' 06" E - 529.69', a point, and
301	294		6. N 79° 03' 04" E - 182.00', to a point at the beginning
302	295		of a curve to the left;
303	296		THENCE, continuing in said easterly direction, with said
304	297		curve to the left; having a radius of 1960.00', a delta angle of 41°
305	298		50' 25", and a long chord which bears N 65° 03' 32" E - 1399.70'; an
306	299		arc length of 1431.29', to a point;
307	300		THENCE, in a northeasterly direction, continuing with the
308	301		south line of said F. M. 2843, N 44° 05' 40" E - 973.61', to a point
309	302		at a cut-back corner on the west line of Triangle Road;
310	303		THENCE, in an easterly direction, with said cut-back, S 85°
311	304		29' 15" E - 78.40', to a point on the west line of said Triangle
312	305		Road, for the northeast corner of the herein described tract;
313	306		THENCE, in a southerly direction, with the west line of said
314	307		Triangle Road, S 21° 45' 59" E - 836.91', a point, and S 29° 42' 54" E
315	308		- 333.97', to a point at the northeast corner of a called 0.54 Acre
316	309		tract conveyed to Claude F. Ray, Jr. in Volume 1855, Page 67, Deed
317	310		Records of Bell County, Texas;
318	311		THENCE, in a westerly direction, with the north line of said
319	312		0.54 Acre tract, S 69° 23' 34" W - 122.70', to a point at the
320	313		northwest corner of said 0.54 Acre tract, for an interior corner of
321	314		the herein described tract;
322	315		THENCE, in a southerly direction, with the west line of said
323	316		0.54 Acre tract, S 20° 00' 24" E - 193.13', to a point at the
324	317		southwest corner of said 0.54 Acre tract, for an interior corner of
325	318		the herein described tract;
326	319		THENCE, in an easterly direction, with the south line of said
327	320		0.54 Acre tract, N 68° 36' 05" E - 120.11', to a point on the west
328	321		line of said Triangle Road;
329	322		THENCE, in a southerly direction, with the west line of said
330	323		Triangle Road, S 20° 53' 53" E - 1698.33', to a point at the
331	324		southeast corner of said 413.72 Acre tract, being the north line of
332	325		said 382.61 Acre tract, for an interior corner of the herein
333	326		described tract;
334	327		THENCE, in an easterly direction, N 68° 36° 05" E - 120.11', to
335	328		a point in the approximate center of said Triangle Road, being the
336	329		northeast corner of said 382.61 Acre tract;
337	330		THENCE, in a southerly direction, with the east line of said
338	331		382.61 Acre tract, S 21° 58' 20" E - 4514.30', to a point at the
339	332		southeast corner of said 382.61 Acre tract, being in the
340	333		approximate center o Kuykendall Branch Road, for the easternmost
341	334		southeast corner of the herein described tract;
342	335		THENCE, in a westerly direction, with the approximate center
343	336		of said Kuykendall Branch Road, S 68° 27' 25" W - 3105.71', to a
344	337		point at the southernmost southwest corner of said 382.61 Acre
345	338		tract, being on the east line of said 425.18 Acre tract, same being
346	339		the northernmost northwest corner of a called 8.15 Acre tract
347	340		conveyed to Solana Ranch Company in Volume 1009, Page 706, Deed
348	341		Records of Bell County, Texas, for an interior corner of the herein
349	342		described tract;
350	343		THENCE, in a southerly direction, with the northwest line of
351	344		said 8.15 Acre tract, S 08° 56' 29" E - 1684.60', to a point for the
352	345		southernmost southeast corner of the herein described tract;
353	346		THENCE, in a westerly direction, with the boundary of said
354	347		8.15 Acre tract, S 69° 13' 10" W - 1090.84', to a point at the
355	348		southeast corner of the remainder of a called 482.6 Acre tract
356	349		conveyed to Betty Kirkpatrick in Document No. 2009-00014096,
357	350		Official Public Records of Real Property, Bell County, Texas (being
358	351		described in Volume 2960, Page 8), for the southernmost southwest
359	352		corner of the herein described tract;
360	353		THENCE, in a northerly direction, with the east line of said
361	354		remainder tract, N 15° 31' 05" W - 1635.44', to a point, being the
362	355		northeast corner of said remainder tract, for an interior corner of
363	356		the herein described tract;
364	357		THENCE, in a westerly direction, with the north line of said
365	358		remainder tract and the boundary line of said Solana Ranch Company
366	359		Sixth Tract, S 69° 06' 56" W - 2590.25', to a point, being an
367	360		interior corner of said Sixth tract, for the southwest corner of the
368	361		herein described tract;
369	362		THENCE, in a northerly direction, with the eastern line of
370	363		said Solana Ranch Company Sixth Tract, same being the west line of
371	364		said 425.18 Acre tract, N 20° 40' 42" W - 3015.90', to a point at the
372	365		westernmost southwest corner of said 413.72 Acre tract;
373	366		THENCE, continuing in said northerly direction, with the east
374	367		line of said Solana Ranch Company Sixth tract, same being the west
375	368		line of said 413.72 Acre tract, the following calls:
376	369		1. N 26° 54' 27" W - 315.49', a point,
377	370		2. N 19° 45' 15" W - 1314.07', a point,
378	371		3. N 20° 35' 30" W - 517.20', a point,
379	372		4. N 12° 20' 23" W - 253.30', a point,
380	373		5. N 12° 44' 27" W - 647.98', a point,
381	374		6. N 22° 45' 46" W - 470.18', a point,
382	375		7. N 22° 14' 51" W - 131.75', a point,
383	376		8. N 11° 43' 24" W - 766.89', a point,
384	377		9. N 15° 10' 16" W - 345.67', a point,
385	378		10. N 87° 29' 52" W - 143.74', a point,
386	379		11. N 20° 09' 35" W - 211.32', a point,
387	380		12. N 31° 40' 34" W - 144.51', a point, and
388	381		13. N 22° 09' 15" W - 1161.69', to the POINT OF
389	382		BEGINNING and containing 1221.63 Acres of Land.
390	383		SECTION 3. (a) The legal notice of the intention to
391	384		introduce this Act, setting forth the general substance of this
392	385		Act, has been published as provided by law, and the notice and a
393	386		copy of this Act have been furnished to all persons, agencies,
394	387		officials, or entities to which they are required to be furnished
395	388		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
396	389		Government Code.
397	390		(b) The governor, one of the required recipients, has
398	391		submitted the notice and Act to the Texas Commission on
399	392		Environmental Quality.
400	393		(c) The Texas Commission on Environmental Quality has filed
401	394		its recommendations relating to this Act with the governor, the
402	395		lieutenant governor, and the speaker of the house of
403	396		representatives within the required time.
404	397		(d) All requirements of the constitution and laws of this
405	398		state and the rules and procedures of the legislature with respect
406	399		to the notice, introduction, and passage of this Act are fulfilled
407	400		and accomplished.
408	401		SECTION 4. (a) If this Act does not receive a two-thirds
409	402		vote of all the members elected to each house, Subchapter C, Chapter
410	403		7936, Special District Local Laws Code, as added by Section 1 of
411	404		this Act, is amended by adding Section 7936.107 to read as follows:
412	405		Sec. 7936.107. NO EMINENT DOMAIN POWER. The district may
413	406		not exercise the power of eminent domain.
414	407		(b) This section is not intended to be an expression of a
415	408		legislative interpretation of the requirements of Section 17(c),
416	409		Article I, Texas Constitution.
417	410		SECTION 5. This Act takes effect immediately if it receives
418	411		a vote of two-thirds of all the members elected to each house, as
419	412		provided by Section 39, Article III, Texas Constitution. If this
420	413		Act does not receive the vote necessary for immediate effect, this
421	414		Act takes effect September 1, 2015.
422		-	* * * * *
	415	+	______________________________ ______________________________
	416	+	President of the Senate Speaker of the House
	417	+	I certify that H.B. No. 4159 was passed by the House on May 8,
	418	+	2015, by the following vote: Yeas 140, Nays 2, 2 present, not
	419	+	voting.
	420	+	______________________________
	421	+	Chief Clerk of the House
	422	+	I certify that H.B. No. 4159 was passed by the Senate on May
	423	+	27, 2015, by the following vote: Yeas 30, Nays 1.
	424	+	______________________________
	425	+	Secretary of the Senate
	426	+	APPROVED: _____________________
	427	+	Date
	428	+	_____________________
	429	+	Governor