Texas 2019 - 86th Regular

Texas House Bill HB1958 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R4517 SLB-F
2	2	By: Thompson of Brazoria H.B. No. 1958
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the territory, powers, and administration of the Gulf
8	8	Coast Water Authority.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 2 and 3, Chapter 712, Acts of the 59th
11	11	Legislature, Regular Session, 1965, are amended to read as follows:
12	12	Sec. 2. The District's territory is [District shall be
13	13	comprised of all of the territory contained within Galveston
14	14	County, Texas, and its boundaries shall be the same as and]
15	15	coextensive with the boundaries of Brazoria, Fort Bend, and
16	16	Galveston Counties [County, Texas].
17	17	Sec. 3. Except as expressly limited by this Act, the
18	18	District shall have and exercise and is hereby vested with all
19	19	rights, powers, privileges, and authority conferred by the General
20	20	Laws of this State now in force or hereafter enacted applicable to
21	21	municipal utility districts created under authority of Section 59
22	22	of Article XVI, Constitution of Texas including without limitation
23	23	those conferred by Chapters 49 and [Chapter] 54, Water Code, as
24	24	amended, but to the extent that the provisions of such General Laws
25	25	may be in conflict or inconsistent with the provisions of this Act,
26	26	the provisions of this Act shall prevail. All such General Laws are
27	27	hereby adopted and incorporated by reference with the same effect
28	28	as if incorporated in full in this Act. Without in any way limiting
29	29	the generalization of the foregoing, it is expressly provided that
30	30	the District shall have, and is hereby authorized to exercise, the
31	31	following rights, powers, privileges and functions:
32	32	(a) the power to make, construct, or otherwise acquire
33	33	improvements either within or without the boundaries thereof
34	34	necessary to carry out the powers and authority granted by this Act
35	35	and said General Laws and to exercise the power of eminent domain
36	36	for such purposes; provided, however, that the District shall not
37	37	have the power of eminent domain as to all or any part of the water
38	38	supply, property, works or facilities of any private person or
39	39	persons, or of any private or public corporation or association
40	40	engaged in the business of supplying water in Brazoria County, Fort
41	41	Bend County, or Galveston County, Texas, to any class of consumers
42	42	for any use upon the effective date of this Act, but this provision
43	43	shall not restrict the power of the District to acquire necessary
44	44	crossing easements and rights-of-way;
45	45	(b) to conserve, store, transport, treat and purify,
46	46	distribute, sell and deliver water, both surface and underground,
47	47	to persons, corporations, both public and private, political
48	48	subdivisions of the State and others, and to purchase, construct or
49	49	lease all property, works and facilities, both within and without
50	50	the District, necessary or useful for such purposes;
51	51	(c) to acquire water supplies from sources both within or
52	52	without the boundaries of the District and to sell, transport and
53	53	deliver water to customers situated within or without the District
54	54	and to acquire all properties and facilities necessary or useful
55	55	for such purposes, and for any or all of such purposes to enter into
56	56	contracts with persons, corporations, both public and private, and
57	57	political subdivisions of the State for such periods of time and on
58	58	such terms and conditions as the Board of Directors may deem
59	59	desirable;
60	60	(d) subject to the provisions of this Act, to sell, lease,
61	61	or exchange any property of any kind, or any interest therein, which
62	62	is not necessary to the carrying on of the business of the District
63	63	or the sale, lease, or exchange of which, in the judgment of the
64	64	Board of Directors, is necessary for the exercise of the powers,
65	65	rights, privileges, and functions conferred upon the District by
66	66	this Act or by Chapters 49 and [Chapter] 54, Water Code, as amended;
67	67	(e) subject to the provisions of this Act, to acquire by
68	68	purchase, lease, gift, or otherwise, and to maintain, use, and
69	69	operate any and all property of any kind, or any interest therein,
70	70	within or without the boundaries of the District, necessary to the
71	71	exercise of the powers, rights, privileges, and functions conferred
72	72	by this Act or by Chapters 49 and [Chapter] 54, Water Code, as
73	73	amended;
74	74	(f) to construct, extend, improve, maintain, and
75	75	reconstruct, to cause to be constructed, extended, improved,
76	76	maintained, and reconstructed, and to use and operate, any and all
77	77	facilities of any kind necessary to the exercise of such powers,
78	78	rights, privileges, and functions;
79	79	(g) to sue and be sued in its corporate name;
80	80	(h) to adopt, use, and alter a corporate seal;
81	81	(i) to invest and reinvest its funds;
82	82	(j) to make bylaws for management and regulation of its
83	83	affairs;
84	84	(k) to appoint officers, agents, and employees, to
85	85	prescribe their duties and fix their compensation;
86	86	(l) to make contracts and to execute instruments convenient
87	87	or necessary to the exercise of the powers, rights, privileges, and
88	88	functions conferred by this Act or Chapters 49 and [Chapter] 54,
89	89	Water Code, as amended, for such term and with such provisions as
90	90	the Board of Directors may determine to be in the best interests of
91	91	the District, including, without in any way limiting the generality
92	92	of the foregoing, contracts with persons including the State of
93	93	Texas, the United States of America and any corporation or agency
94	94	thereof and districts, cities, towns, persons, organizations,
95	95	firms, corporations or other entities as the Board of Directors may
96	96	deem necessary or proper for or in connection with any of its
97	97	corporate purposes;
98	98	(m) to borrow money for its corporate purposes and, without
99	99	limiting the generality of the foregoing, to borrow money, apply
100	100	for and receive loans, and accept grants or contributions, directly
101	101	or indirectly, from persons, including the State of Texas, the
102	102	United States of America, or from any corporation, agency, or
103	103	entity created or designated by the State of Texas or the United
104	104	States of America, and in connection with any such loan, [or] grant,
105	105	or contribution, to enter into such agreements as the State of
106	106	Texas, the United States of America, or any such corporation,
107	107	agency, or entity may require; and to make and issue its negotiable
108	108	bonds or notes for money borrowed, in the manner and to the extent
109	109	provided in this Act, and to refund or refinance any outstanding
110	110	bonds, [or] notes, or loans, and to make and issue its negotiable
111	111	bonds or notes therefor in the manner provided in this Act.
112	112	SECTION 2. Chapter 712, Acts of the 59th Legislature,
113	113	Regular Session, 1965, is amended by adding Sections 3B and 3C to
114	114	read as follows:
115	115	Sec. 3B. (a) In this section, "person" includes an
116	116	individual, entity, partnership, and corporation. The term does
117	117	not include a political subdivision or public agency.
118	118	(b) Competitive bidding and contract procurement or
119	119	delivery requirements otherwise applicable to the District do not
120	120	apply to a contract or agreement made by the District with a person
121	121	if:
122	122	(1) the contract or agreement relates to a project for
123	123	the acquisition or construction of equipment or facilities for the
124	124	production, treatment, transmission, or delivery of water; and
125	125	(2) payments made under the contract or agreement are
126	126	for amounts substantially sufficient to finance a project described
127	127	in Subdivision (1).
128	128	Sec. 3C. (a) The Board by resolution may authorize the
129	129	creation of a nonprofit corporation to assist and act for the
130	130	district in implementing a project or providing a service
131	131	authorized by this chapter.
132	132	(b) The nonprofit corporation:
133	133	(1) has each power of and is considered to be a local
134	134	government corporation created under Subchapter D, Chapter 431,
135	135	Transportation Code; and
136	136	(2) may implement any project and provide any service
137	137	authorized by this chapter.
138	138	(c) The Board shall appoint the board of directors of the
139	139	nonprofit corporation. The board of directors of the nonprofit
140	140	corporation shall serve at the will of the district and in the same
141	141	manner as the board of directors of a local government corporation
142	142	created under Subchapter D, Chapter 431, Transportation Code.
143	143	(d) The nonprofit corporation may not:
144	144	(1) exercise the powers of a municipality or county;
145	145	(2) participate in a project that the District is not
146	146	authorized to participate in;
147	147	(3) impose taxes; or
148	148	(4) acquire, construct, or operate parks or
149	149	recreational facilities.
150	150	SECTION 3. Sections 4(a), (c), and (f), Chapter 712, Acts of
151	151	the 59th Legislature, Regular Session, 1965, are amended to read as
152	152	follows:
153	153	(a) The District shall have no power or authority to levy
154	154	and collect taxes on any property real, personal or mixed, within
155	155	the boundaries of said District, nor shall the District have power
156	156	or authority to issue bonds or create indebtedness which would in
157	157	any way be payable from ad valorem taxes levied by the District upon
158	158	property within said District; and provided further that said
159	159	District shall have none of the powers conferred by General Law for
160	160	the purposes of the collection, transportation, processing,
161	161	disposal and control of domestic, industrial or communal wastes,
162	162	and the gathering, conducting, directing and controlling of local
163	163	storm waters, or other local harmful excesses of water except as
164	164	directly related to the production and purification of water for
165	165	agricultural, municipal, or industrial purposes, including the
166	166	ownership, lease, or operation of a municipal wastewater treatment
167	167	facility in which the effluent is used by the District for water
168	168	reuse supply.
169	169	(c) In the event that the District in the exercise of the
170	170	power of eminent domain or power of relocation, or any other power
171	171	granted hereunder, makes necessary the relocation, raising,
172	172	rerouting or changing the grade of, or altering the construction
173	173	of, any cemetery, highway, railroad, electric transmission line,
174	174	telephone or telegraph properties and facilities, or pipeline, all
175	175	such necessary relocation, raising, rerouting, changing of grade or
176	176	alteration of construction shall be accomplished at the sole
177	177	expense of the District. The term "sole expense" shall mean the
178	178	actual cost of such relocation, raising, rerouting, or change in
179	179	grade or alteration of construction in providing comparable
180	180	replacement without enhancement of such facilities after deducting
181	181	therefrom the net salvage value derived from the old facility.
182	182	(f) The powers, rights, privileges, and functions conferred
183	183	upon the District shall be subject to the continuing rights of
184	184	supervision by the State, [which shall be exercised by the Texas
185	185	Department of Water Resources, and the District shall obtain
186	186	approval of its projects and they shall be supervised] as provided
187	187	by the [Sections 54.516 and 54.517,] Water Code, as amended.
188	188	SECTION 4. Section 5, Chapter 712, Acts of the 59th
189	189	Legislature, Regular Session, 1965, is amended to read as follows:
190	190	Sec. 5. (a) The management and control of the District is
191	191	hereby vested in a Board of 10 directors.
192	192	(b) Each director must be a resident of this state.
193	193	(c) Vacancies on the Board of Directors, whether by death,
194	194	resignation or termination of the term of office, shall be filled by
195	195	appointment by the commissioners court that appointed the director
196	196	for the unexpired term of the director.
197	197	(d) A director may be removed by the commissioners court
198	198	that appointed the director for inefficiency, neglect of duty, or
199	199	misconduct of office. The Board must provide a director removed
200	200	under this section written notice not later than the 30th day after
201	201	the date the decision to remove is made and an opportunity to be
202	202	heard in person or by counsel in a public hearing.
203	203	(e) All terms of office shall be for a period of two (2)
204	204	years. Terms shall be staggered ending on August 31 of the
205	205	appropriate year.
206	206	(f) Six directors constitute a quorum. Except as otherwise
207	207	provided, a majority of those directors present and qualified to
208	208	vote is sufficient for final action on a matter before the Board.
209	209	SECTION 5. Chapter 712, Acts of the 59th Legislature,
210	210	Regular Session, 1965, is amended by adding Sections 5C, 5D, 5E, 5F,
211	211	and 5G to read as follows:
212	212	Sec. 5C. (a) Chapter 171, Local Government Code, does not
213	213	apply to a director appointed to represent agricultural or
214	214	industrial interests.
215	215	(b) A director who has a financial interest in a contract
216	216	considered by the District for the purchase of property or the
217	217	construction of a facility must disclose the interest to the other
218	218	directors and may not vote on the contract.
219	219	Sec. 5D. (a) The Board may hold an open or closed meeting by
220	220	telephone conference call if at least five directors are present at
221	221	the location where the meeting of the Board is held. A meeting held
222	222	by telephone conference call is subject to the same notice
223	223	requirements as other Board meetings and must be recorded. Each
224	224	person who speaks in a meeting held by telephone conference call
225	225	must be clearly identified. A director participating in a meeting
226	226	held by telephone conference call is considered absent from any
227	227	part of the meeting during which audio communication is lost.
228	228	(b) The authority to hold a meeting held by telephone
229	229	conference call described by this section is in addition to
230	230	authority described by Chapter 551, Government Code.
231	231	Sec. 5E. If the Board employs a general manager, the general
232	232	manager is the chief executive officer of the District.
233	233	Sec. 5F. The District is not required to provide notice for
234	234	the sale or disposal of District personal property if the personal
235	235	property has a value of less than $25,000.
236	236	Sec. 5G. (a) The District may enter into a contract related
237	237	to a water project located outside the District. The District may
238	238	enter into a local agreement with a political subdivision for a
239	239	purpose related to a water project.
240	240	(b) A contract under this section may use money appropriated
241	241	by a political subdivision that is a party to the contract to pay
242	242	for pre-development costs, engineering, surveys, and the
243	243	collection and compilation of data relating to conditions
244	244	influencing determinations about the character and extent of
245	245	proposed improvements, works, and facilities for the
246	246	accomplishment of District purposes.
247	247	(c) The District may contract or agree with an entity
248	248	appropriating money under this section to receive a loan or money
249	249	from other sources in return for services described by Subsection
250	250	(a). The contract or agreement may provide for the repayment by the
251	251	District of money advanced as a loan from project revenues, bond
252	252	proceeds, or other available money.
253	253	(d) The District and a state agency or political subdivision
254	254	may enter into a contract to jointly pay all or part of the cost of a
255	255	water project or the operation of a water project in the same way
256	256	that a political subdivision may contract with a state agency or
257	257	political subdivision under Chapter 472, Transportation Code, to
258	258	jointly pay all or part of the cost associated with a state or local
259	259	highway, turnpike, road, or street project.
260	260	SECTION 6. Sections 7 and 8, Chapter 712, Acts of the 59th
261	261	Legislature, Regular Session, 1965, are amended to read as follows:
262	262	Sec. 7. The District shall have power and is hereby
263	263	authorized to issue, from time to time, bonds as herein authorized
264	264	for any of its corporate purposes. Such bonds may either be (1)
265	265	sold for cash, at public or private sale, at such price or prices as
266	266	the Board shall determine, provided that the net effective interest
267	267	rate, calculated in accordance with Chapter 1204, Government Code
268	268	[3, Acts of the 61st Legislature, Regular Session, 1969, as amended
269	269	(Article 717k-2, Vernon's Texas Civil Statutes), as now or
270	270	hereafter amended shall not exceed ten (10) percent], or (2) issued
271	271	on such terms as the Board of Directors shall determine in exchange
272	272	for property of any kind, real, personal or mixed or any interest
273	273	therein which the Board shall deem necessary for any such corporate
274	274	purposes, or (3) issued in exchange for like principal amounts of
275	275	other obligations of the District, matured or unmatured. The
276	276	proceeds of sale of such bonds shall be deposited in such bank or
277	277	banks or trust company or trust companies, and shall be paid out
278	278	pursuant to such terms and conditions, as may be agreed upon between
279	279	the District and the purchasers of such bonds. All such bonds shall
280	280	be authorized by resolution or resolutions of the Board of
281	281	Directors, and shall bear such date or dates, mature at such time or
282	282	times, bear interest payable annually, semiannually, or otherwise,
283	283	be in such denominations, be in such form, either coupon or
284	284	registered, carry such registration privileges as to principal only
285	285	or as to both principal and interest, and as to exchange of coupon
286	286	bonds for registered bonds or vice versa, and exchange of bonds of
287	287	one denomination for bonds of other denominations, be executed in
288	288	such manner and be payable at such place or places within or without
289	289	the State of Texas, as such resolution or resolutions may provide.
290	290	Any resolution or resolutions authorizing any bonds may contain
291	291	provisions, which shall be part of the contract between the
292	292	District and the holders thereof from time to time:
293	293	(a) reserving the right to redeem such bonds or requiring
294	294	the redemption of such bonds, at such time or times, in such amounts
295	295	and at such prices, [not exceeding 105 percent of the principal
296	296	amount thereof, plus accrued interest,] as may be provided;
297	297	(b) providing for the setting aside of sinking funds or
298	298	reserve funds and the regulation and disposition thereof;
299	299	(c) pledging to secure the payment of the principal of and
300	300	interest on such bonds and of the sinking fund or reserve fund
301	301	payments agreed to be made in respect of such bonds all or any part
302	302	of the gross or net revenues thereafter received by the District in
303	303	respect of the property, real, personal, or mixed, to be acquired
304	304	and/or constructed with such bonds or the proceeds thereof, or all
305	305	or any part of the gross or net revenues thereafter received by the
306	306	District from whatever source derived;
307	307	(d) prescribing the purposes to which such bonds or any
308	308	bonds thereafter to be issued, or the proceeds thereof, may be
309	309	applied;
310	310	(e) agreeing to fix and collect rates and charges sufficient
311	311	to produce revenues adequate to pay (1) all expenses necessary to
312	312	the operation and maintenance and replacements and additions to the
313	313	properties and facilities of the District; (2) the principal of,
314	314	and the interest and premium, if any, on bonds issued under this Act
315	315	as and when the same became due and payable; (3) all sinking fund
316	316	and/or reserve fund payments agreed to be made in respect of any
317	317	such bonds out of such revenues as and when the same became due and
318	318	payable, and to fulfill the terms of any agreements made with the
319	319	holders of such bonds and/or with any person on their behalf and to
320	320	discharge all other lawful obligations of the District as and when
321	321	the same become due;
322	322	(f) prescribing limitations upon the issuance of additional
323	323	bonds and subordinate lien bonds and upon the agreements which may
324	324	be made with the purchasers and successive holders thereof;
325	325	(g) with regard to the construction, extension,
326	326	improvement, reconstruction, operation, maintenance, and repair of
327	327	the properties of the District and carrying of insurance upon all or
328	328	any part of said properties covering loss or damage or loss of use
329	329	and occupancy resulting from specified risks;
330	330	(h) fixing the procedure, if any, by which, if the District
331	331	shall so desire, the terms of any contract with the holders of such
332	332	bonds may be amended or abrogated, the amount of bonds the holders
333	333	of which must consent thereto, and the manner in which such consent
334	334	may be given;
335	335	(i) for the execution and delivery by the District to a bank
336	336	or trust company authorized by law to accept trusts, or to the
337	337	United States of America or any officer or agency thereof, of
338	338	indentures and agreements for the benefit of the holders of such
339	339	bonds and such other provisions as may be customary in such
340	340	indentures or agreements; and
341	341	(j) such other provisions, [not inconsistent with the
342	342	provisions of this Act,] as the Board may approve.
343	343	(k) The Board may declare an emergency in the matter of
344	344	funds not being available to pay principal of and interest on any
345	345	bonds of the District or to meet any other needs of the District and
346	346	may issue bond anticipation notes or enter into a loan to pay the
347	347	costs to meet the emergency need. A loan under this section may be
348	348	payable from district revenues or the proceeds of a future series of
349	349	bonds. Bond anticipation notes may bear interest at any rate or
350	350	rates not to exceed 10 percent and shall mature within one (1) year
351	351	of their date. The bond anticipation notes so issued will be taken
352	352	up with the proceeds of bonds, or the bonds may be issued and
353	353	delivered in exchange for and in substitution of such notes.
354	354	(l) Before any bonds shall be sold or exchanged or
355	355	substituted by the District, a certified copy of the proceedings of
356	356	the issuance thereof, including the form of such bonds, together
357	357	with any other information which the Attorney General of the State
358	358	of Texas may require, shall be submitted to the Attorney General,
359	359	and if he shall find that such bonds have been issued in accordance
360	360	with law, and if he shall approve such bonds, he shall execute a
361	361	certificate to that effect which shall be filed in the office of the
362	362	Comptroller of the State of Texas and be recorded in a record kept
363	363	for that purpose. No bonds shall be issued until the same shall
364	364	have been registered by the Comptroller, who shall so register the
365	365	same if the Attorney General shall have filed with the Comptroller
366	366	his certificate approving the bonds and the proceedings for the
367	367	issuance thereof as hereinabove provided.
368	368	(m) All bonds approved by the Attorney General as aforesaid,
369	369	and registered by the Comptroller as aforesaid, and issued in
370	370	accordance with the proceedings so approved shall be valid and
371	371	binding obligations of the District and shall be incontestable for
372	372	any cause from and after the time of such registration.
373	373	(n) If any bonds recite that they are secured by a pledge of
374	374	the proceeds of a contract, lease, sale or other agreement (herein
375	375	called "contract"), a copy of such contract and the proceedings of
376	376	the contracting parties will also be submitted to the Attorney
377	377	General. If such bonds have been authorized and such contracts made
378	378	in compliance with law, the Attorney General shall approve the
379	379	bonds and contracts, and the bonds shall then be registered by the
380	380	Comptroller of Public Accounts. When so approved, such bonds and
381	381	the contracts shall be valid and binding and shall be incontestable
382	382	for any cause from and after the time of such registration.
383	383	(o) The District is authorized to make and issue bonds
384	384	(herein called "refunding bonds") for the purpose of refunding or
385	385	refinancing any outstanding bonds or notes authorized and issued by
386	386	the District pursuant to this Act or other law (herein called
387	387	"bonds") and the interest and premium, if any, thereon to maturity
388	388	or on any earlier redemption date specified in the resolution
389	389	authorizing the issuance of the refunding bonds. Such refunding
390	390	bonds may be issued to refund more than one series of outstanding
391	391	bonds, may combine the pledges of the outstanding bonds for the
392	392	security of the refunding bonds, or may be secured by other or
393	393	additional revenues. All provisions of this Act with reference to
394	394	the issuance of bonds, the terms and provisions thereof, their
395	395	approval by the Attorney General, and the remedies of the
396	396	bondholders shall be applicable to refunding bonds. Refunding
397	397	bonds shall be registered by the Comptroller upon surrender and
398	398	cancellation of the bonds to be refunded, but in lieu thereof, the
399	399	resolution authorizing the issuance of refunding bonds may provide
400	400	that they shall be sold and the proceeds thereof deposited at the
401	401	places at which the original bonds are payable, in which case the
402	402	refunding bonds may be issued in an amount sufficient to pay the
403	403	interest and premium, if any, on the original bonds to their
404	404	maturity date or specified earlier redemption date, and the
405	405	Comptroller will register them without concurrent surrender and
406	406	cancellation of the original bonds. The District may also refund
407	407	any outstanding bonds in the manner provided by any applicable
408	408	General Law.
409	409	(p) All bonds issued by the District pursuant to the
410	410	provisions of this Act shall constitute investment securities
411	411	within the meaning of the Uniform Commercial Code.
412	412	(q) This Act, without reference to other statutes of the
413	413	State of Texas, shall constitute full authority for the
414	414	authorization and issuance of bonds hereunder, and no other Act or
415	415	law with regard to the authorization or issuance of obligations or
416	416	the deposit of the proceeds thereof, or in any impeding or
417	417	restricting the carrying out of the acts herein authorized to be
418	418	done shall be construed as applying to any proceedings taken
419	419	hereunder or acts done pursuant hereto.
420	420	Sec. 8. (a) When any of such revenues are pledged to the
421	421	payment of any bonds issued by said District or loans received by
422	422	the District, it shall be the right and duty of the District's Board
423	423	of Directors to cause to be fixed, maintained and enforced charges,
424	424	fees or tolls for services rendered by properties and facilities,
425	425	the revenues of which have been pledged, at rates and amounts at
426	426	least sufficient to comply with and carry out the covenants and
427	427	provisions contained in the order or orders authorizing the
428	428	issuance of said bonds.
429	429	(b) Regardless of whether the revenues are pledged to the
430	430	payment of bonds, the [The] District shall have the right to impose
431	431	penalties for failure to pay, when due, such charges, fees or tolls.
432	432	SECTION 7. (a) The legal notice of the intention to
433	433	introduce this Act, setting forth the general substance of this
434	434	Act, has been published as provided by law, and the notice and a
435	435	copy of this Act have been furnished to all persons, agencies,
436	436	officials, or entities to which they are required to be furnished
437	437	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
438	438	Government Code.
439	439	(b) The governor, one of the required recipients, has
440	440	submitted the notice and Act to the Texas Commission on
441	441	Environmental Quality.
442	442	(c) The Texas Commission on Environmental Quality has filed
443	443	its recommendations relating to this Act with the governor, the
444	444	lieutenant governor, and the speaker of the house of
445	445	representatives within the required time.
446	446	(d) All requirements of the constitution and laws of this
447	447	state and the rules and procedures of the legislature with respect
448	448	to the notice, introduction, and passage of this Act are fulfilled
449	449	and accomplished.
450	450	SECTION 8. This Act takes effect immediately if it receives
451	451	a vote of two-thirds of all the members elected to each house, as
452	452	provided by Section 39, Article III, Texas Constitution. If this
453	453	Act does not receive the vote necessary for immediate effect, this
454	454	Act takes effect September 1, 2019.