Texas 2019 - 86th Regular

Texas Senate Bill SB2507 Compare Versions

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

Old	New	Differences
1	1	86R20841 SLB-F
2	2	By: Taylor S.B. No. 2507
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, secure obligations under a loan or other
101	101	contract for borrowed money with a pledge of district revenues or
102	102	the proceeds of future borrowings, and accept grants or
103	103	contributions, directly or indirectly, from persons, including the
104	104	State of Texas, the United States of America, or from any
105	105	corporation, agency, or entity created or designated by the State
106	106	of Texas or the United States of America, and in connection with any
107	107	such loan, [or] grant, or contribution, to enter into such
108	108	agreements as the State of Texas, the United States of America, or
109	109	any such corporation, agency, or entity may require; and to make and
110	110	issue its negotiable bonds or notes for money borrowed, in the
111	111	manner and to the extent provided in this Act, and to refund or
112	112	refinance any outstanding bonds, [or] notes, or loans, and to make
113	113	and issue its negotiable bonds or notes therefor in the manner
114	114	provided in this Act.
115	115	SECTION 2. Chapter 712, Acts of the 59th Legislature,
116	116	Regular Session, 1965, is amended by adding Sections 3B and 3C to
117	117	read as follows:
118	118	Sec. 3B. (a) In this section, "person" includes an
119	119	individual, entity, partnership, or corporation. The term does not
120	120	include a political subdivision or public agency.
121	121	(b) This section does not apply to a contract for
122	122	architectural or engineering services. Section 2254.004,
123	123	Government Code, applies to the procurement of architectural or
124	124	engineering services.
125	125	(c) Competitive bidding and contract procurement or
126	126	delivery requirements otherwise applicable to the District do not
127	127	apply to a contract or agreement made by the District with a person
128	128	if:
129	129	(1) the contract or agreement relates to a project for
130	130	the acquisition or construction of equipment or facilities for the
131	131	production, treatment, transmission, or delivery of water; and
132	132	(2) payments made under the contract or agreement are
133	133	for amounts substantially sufficient to finance a project described
134	134	in Subdivision (1) of this subsection.
135	135	Sec. 3C. (a) The Board by resolution may authorize the
136	136	creation of a nonprofit corporation to assist and act for the
137	137	district in implementing a project or providing a service
138	138	authorized by this Act.
139	139	(b) The nonprofit corporation:
140	140	(1) has each power of and is considered to be a local
141	141	government corporation created under Subchapter D, Chapter 431,
142	142	Transportation Code; and
143	143	(2) may implement any project and provide any service
144	144	authorized by this Act.
145	145	(c) The Board shall appoint the board of directors of the
146	146	nonprofit corporation. The board of directors of the nonprofit
147	147	corporation shall serve at the will of the District and in the same
148	148	manner as the board of directors of a local government corporation
149	149	created under Subchapter D, Chapter 431, Transportation Code.
150	150	(d) The nonprofit corporation may not:
151	151	(1) participate in a project that the District is not
152	152	authorized to participate in;
153	153	(2) impose taxes; or
154	154	(3) acquire, construct, or operate parks or
155	155	recreational facilities.
156	156	SECTION 3. Sections 4(a), (c), and (f), Chapter 712, Acts of
157	157	the 59th Legislature, Regular Session, 1965, are amended to read as
158	158	follows:
159	159	(a) The District shall have no power or authority to levy
160	160	and collect taxes on any property real, personal or mixed, within
161	161	the boundaries of said District, nor shall the District have power
162	162	or authority to issue bonds or create indebtedness which would in
163	163	any way be payable from ad valorem taxes levied by the District upon
164	164	property within said District; and provided further that said
165	165	District shall have none of the powers conferred by General Law for
166	166	the purposes of the collection, transportation, processing,
167	167	disposal and control of domestic, industrial or communal wastes,
168	168	and the gathering, conducting, directing and controlling of local
169	169	storm waters, or other local harmful excesses of water except as
170	170	directly related to the production and purification of water for
171	171	agricultural, municipal, or industrial purposes, including the
172	172	ownership, lease, or operation of a municipal wastewater treatment
173	173	facility in which the effluent is used by the District for water
174	174	reuse supply.
175	175	(c) In the event that the District in the exercise of the
176	176	power of eminent domain or power of relocation, or any other power
177	177	granted hereunder, makes necessary the relocation, raising,
178	178	rerouting or changing the grade of, or altering the construction
179	179	of, any cemetery, highway, railroad, electric transmission line,
180	180	telephone or telegraph properties and facilities, or pipeline, all
181	181	such necessary relocation, raising, rerouting, changing of grade or
182	182	alteration of construction shall be accomplished at the sole
183	183	expense of the District. The term "sole expense" shall mean the
184	184	actual cost of such relocation, raising, rerouting, or change in
185	185	grade or alteration of construction in providing comparable
186	186	replacement without enhancement of such facilities after deducting
187	187	therefrom the net salvage value derived from the old facility.
188	188	(f) The powers, rights, privileges, and functions conferred
189	189	upon the District shall be subject to the continuing rights of
190	190	supervision by the State, [which shall be exercised by the Texas
191	191	Department of Water Resources, and the District shall obtain
192	192	approval of its projects and they shall be supervised] as provided
193	193	by the [Sections 54.516 and 54.517,] Water Code, as amended.
194	194	SECTION 4. Section 5, Chapter 712, Acts of the 59th
195	195	Legislature, Regular Session, 1965, is amended to read as follows:
196	196	Sec. 5. (a) The management and control of the District is
197	197	hereby vested in a Board of 10 directors.
198	198	(b) Each director must be a resident of this state.
199	199	(c) Vacancies on the Board of Directors, whether by death,
200	200	resignation or termination of the term of office, shall be filled by
201	201	appointment by the commissioners court that appointed the director
202	202	for the unexpired term of the director.
203	203	(d) A director may be removed by the commissioners court
204	204	that appointed the director for inefficiency, neglect of duty, or
205	205	misconduct of office. The commissioners court must provide a
206	206	director removed under this section written notice not later than
207	207	the 30th day after the date the decision to remove is made and an
208	208	opportunity to be heard in person or by counsel in a public hearing.
209	209	(e) All terms of office shall be for a period of two (2)
210	210	years. Terms shall be staggered ending on August 31 of the
211	211	appropriate year.
212	212	(f) Six directors constitute a quorum. Except as otherwise
213	213	provided, a majority of those directors present and qualified to
214	214	vote is sufficient for final action on a matter before the Board.
215	215	SECTION 5. Chapter 712, Acts of the 59th Legislature,
216	216	Regular Session, 1965, is amended by adding Sections 5C, 5D, 5E, 5F,
217	217	and 5G to read as follows:
218	218	Sec. 5C. (a) Chapter 171, Local Government Code, does not
219	219	apply to a director appointed to represent agricultural or
220	220	industrial interests.
221	221	(b) A director who has a financial interest in a contract
222	222	considered by the District for the purchase of property or the
223	223	construction of a facility must disclose the interest to the other
224	224	directors and may not vote on the contract.
225	225	Sec. 5D. (a) The Board may hold an open or closed meeting by
226	226	telephone conference call if at least five directors are present at
227	227	the location where the meeting of the Board is held. A meeting held
228	228	by telephone conference call is subject to the same notice
229	229	requirements as other Board meetings and must be recorded. Each
230	230	person who speaks in a meeting held by telephone conference call
231	231	must be clearly identified. A director participating in a meeting
232	232	held by telephone conference call is considered absent from any
233	233	part of the meeting during which audio communication is lost.
234	234	(b) The authority to hold a meeting held by telephone
235	235	conference call described by this section is in addition to
236	236	authority described by Chapter 551, Government Code.
237	237	Sec. 5E. If the Board employs a general manager, the general
238	238	manager is the chief executive officer of the District.
239	239	Sec. 5F. The District is not required to provide notice for
240	240	the sale or disposal of District personal property if the personal
241	241	property has a value of less than $25,000.
242	242	Sec. 5G. (a) The District may enter into a contract related
243	243	to a water project located outside the District. The District may
244	244	enter into a local agreement with a political subdivision for a
245	245	purpose related to a water project.
246	246	(b) A contract under this section may use money appropriated
247	247	by a political subdivision that is a party to the contract to pay
248	248	for pre-development costs, engineering, surveys, and the
249	249	collection and compilation of data relating to conditions
250	250	influencing determinations about the character and extent of
251	251	proposed improvements, works, and facilities for the
252	252	accomplishment of District purposes.
253	253	(c) The District may contract or agree with an entity
254	254	appropriating money under this section to receive a loan or money
255	255	from other sources in return for services described by Subsection
256	256	(a) of this section. The contract or agreement may provide for the
257	257	repayment by the District of money advanced as a loan from project
258	258	revenues, bond proceeds, or other available money.
259	259	(d) The District and a state agency or political subdivision
260	260	may enter into a contract to jointly pay all or part of the cost of a
261	261	water project or the operation of a water project in the same way
262	262	that a political subdivision may contract with a state agency or
263	263	political subdivision under Chapter 472, Transportation Code, to
264	264	jointly pay all or part of the cost associated with a state or local
265	265	highway, turnpike, road, or street project.
266	266	SECTION 6. Sections 7 and 8, Chapter 712, Acts of the 59th
267	267	Legislature, Regular Session, 1965, are amended to read as follows:
268	268	Sec. 7. The District shall have power and is hereby
269	269	authorized to issue, from time to time, bonds as herein authorized
270	270	for any of its corporate purposes. Such bonds may either be (1)
271	271	sold for cash, at public or private sale, at such price or prices as
272	272	the Board shall determine, provided that the net effective interest
273	273	rate, calculated in accordance with Chapter 1204, Government Code
274	274	[3, Acts of the 61st Legislature, Regular Session, 1969, as amended
275	275	(Article 717k-2, Vernon's Texas Civil Statutes), as now or
276	276	hereafter amended shall not exceed ten (10) percent], or (2) issued
277	277	on such terms as the Board of Directors shall determine in exchange
278	278	for property of any kind, real, personal or mixed or any interest
279	279	therein which the Board shall deem necessary for any such corporate
280	280	purposes, or (3) issued in exchange for like principal amounts of
281	281	other obligations of the District, matured or unmatured. The
282	282	proceeds of sale of such bonds shall be deposited in such bank or
283	283	banks or trust company or trust companies, and shall be paid out
284	284	pursuant to such terms and conditions, as may be agreed upon between
285	285	the District and the purchasers of such bonds. All such bonds shall
286	286	be authorized by resolution or resolutions of the Board of
287	287	Directors, and shall bear such date or dates, mature at such time or
288	288	times, bear interest payable annually, semiannually, or otherwise,
289	289	be in such denominations, be in such form, either coupon or
290	290	registered, carry such registration privileges as to principal only
291	291	or as to both principal and interest, and as to exchange of coupon
292	292	bonds for registered bonds or vice versa, and exchange of bonds of
293	293	one denomination for bonds of other denominations, be executed in
294	294	such manner and be payable at such place or places within or without
295	295	the State of Texas, as such resolution or resolutions may provide.
296	296	Any resolution or resolutions authorizing any bonds may contain
297	297	provisions, which shall be part of the contract between the
298	298	District and the holders thereof from time to time:
299	299	(a) reserving the right to redeem such bonds or requiring
300	300	the redemption of such bonds, at such time or times, in such amounts
301	301	and at such prices, [not exceeding 105 percent of the principal
302	302	amount thereof, plus accrued interest,] as may be provided;
303	303	(b) providing for the setting aside of sinking funds or
304	304	reserve funds and the regulation and disposition thereof;
305	305	(c) pledging to secure the payment of the principal of and
306	306	interest on such bonds and of the sinking fund or reserve fund
307	307	payments agreed to be made in respect of such bonds all or any part
308	308	of the gross or net revenues thereafter received by the District in
309	309	respect of the property, real, personal, or mixed, to be acquired
310	310	and/or constructed with such bonds or the proceeds thereof, or all
311	311	or any part of the gross or net revenues thereafter received by the
312	312	District from whatever source derived;
313	313	(d) prescribing the purposes to which such bonds or any
314	314	bonds thereafter to be issued, or the proceeds thereof, may be
315	315	applied;
316	316	(e) agreeing to fix and collect rates and charges sufficient
317	317	to produce revenues adequate to pay (1) all expenses necessary to
318	318	the operation and maintenance and replacements and additions to the
319	319	properties and facilities of the District; (2) the principal of,
320	320	and the interest and premium, if any, on bonds issued under this Act
321	321	as and when the same became due and payable; (3) all sinking fund
322	322	and/or reserve fund payments agreed to be made in respect of any
323	323	such bonds out of such revenues as and when the same became due and
324	324	payable, and to fulfill the terms of any agreements made with the
325	325	holders of such bonds and/or with any person on their behalf and to
326	326	discharge all other lawful obligations of the District as and when
327	327	the same become due;
328	328	(f) prescribing limitations upon the issuance of additional
329	329	bonds and subordinate lien bonds and upon the agreements which may
330	330	be made with the purchasers and successive holders thereof;
331	331	(g) with regard to the construction, extension,
332	332	improvement, reconstruction, operation, maintenance, and repair of
333	333	the properties of the District and carrying of insurance upon all or
334	334	any part of said properties covering loss or damage or loss of use
335	335	and occupancy resulting from specified risks;
336	336	(h) fixing the procedure, if any, by which, if the District
337	337	shall so desire, the terms of any contract with the holders of such
338	338	bonds may be amended or abrogated, the amount of bonds the holders
339	339	of which must consent thereto, and the manner in which such consent
340	340	may be given;
341	341	(i) for the execution and delivery by the District to a bank
342	342	or trust company authorized by law to accept trusts, or to the
343	343	United States of America or any officer or agency thereof, of
344	344	indentures and agreements for the benefit of the holders of such
345	345	bonds and such other provisions as may be customary in such
346	346	indentures or agreements; and
347	347	(j) such other provisions, [not inconsistent with the
348	348	provisions of this Act,] as the Board may approve.
349	349	(k) The Board may declare an emergency in the matter of
350	350	funds not being available to pay principal of and interest on any
351	351	bonds of the District or to meet any other needs of the District and
352	352	may issue bond anticipation notes or enter into a loan to pay the
353	353	costs to meet the emergency need. A loan under this section may be
354	354	secured by a pledge of and made payable from district revenues or
355	355	the proceeds of a future series of bonds. Bond anticipation notes
356	356	may bear interest at any rate or rates not to exceed 10 percent and
357	357	shall mature within one (1) year of their date. The bond
358	358	anticipation notes so issued will be taken up with the proceeds of
359	359	bonds, or the bonds may be issued and delivered in exchange for and
360	360	in substitution of such notes.
361	361	(l) Before any bonds shall be sold or exchanged or
362	362	substituted by the District, a certified copy of the proceedings of
363	363	the issuance thereof, including the form of such bonds, together
364	364	with any other information which the Attorney General of the State
365	365	of Texas may require, shall be submitted to the Attorney General,
366	366	and if he shall find that such bonds have been issued in accordance
367	367	with law, and if he shall approve such bonds, he shall execute a
368	368	certificate to that effect which shall be filed in the office of the
369	369	Comptroller of the State of Texas and be recorded in a record kept
370	370	for that purpose. No bonds shall be issued until the same shall
371	371	have been registered by the Comptroller, who shall so register the
372	372	same if the Attorney General shall have filed with the Comptroller
373	373	his certificate approving the bonds and the proceedings for the
374	374	issuance thereof as hereinabove provided.
375	375	(m) All bonds approved by the Attorney General as aforesaid,
376	376	and registered by the Comptroller as aforesaid, and issued in
377	377	accordance with the proceedings so approved shall be valid and
378	378	binding obligations of the District and shall be incontestable for
379	379	any cause from and after the time of such registration.
380	380	(n) If any bonds recite that they are secured by a pledge of
381	381	the proceeds of a contract, lease, sale or other agreement (herein
382	382	called "contract"), a copy of such contract and the proceedings of
383	383	the contracting parties will also be submitted to the Attorney
384	384	General. If such bonds have been authorized and such contracts made
385	385	in compliance with law, the Attorney General shall approve the
386	386	bonds and contracts, and the bonds shall then be registered by the
387	387	Comptroller of Public Accounts. When so approved, such bonds and
388	388	the contracts shall be valid and binding and shall be incontestable
389	389	for any cause from and after the time of such registration.
390	390	(o) The District is authorized to make and issue bonds
391	391	(herein called "refunding bonds") for the purpose of refunding or
392	392	refinancing any outstanding bonds or notes authorized and issued by
393	393	the District pursuant to this Act or other law (herein called
394	394	"bonds") and the interest and premium, if any, thereon to maturity
395	395	or on any earlier redemption date specified in the resolution
396	396	authorizing the issuance of the refunding bonds. Such refunding
397	397	bonds may be issued to refund more than one series of outstanding
398	398	bonds, may combine the pledges of the outstanding bonds for the
399	399	security of the refunding bonds, or may be secured by other or
400	400	additional revenues. All provisions of this Act with reference to
401	401	the issuance of bonds, the terms and provisions thereof, their
402	402	approval by the Attorney General, and the remedies of the
403	403	bondholders shall be applicable to refunding bonds. Refunding
404	404	bonds shall be registered by the Comptroller upon surrender and
405	405	cancellation of the bonds to be refunded, but in lieu thereof, the
406	406	resolution authorizing the issuance of refunding bonds may provide
407	407	that they shall be sold and the proceeds thereof deposited at the
408	408	places at which the original bonds are payable, in which case the
409	409	refunding bonds may be issued in an amount sufficient to pay the
410	410	interest and premium, if any, on the original bonds to their
411	411	maturity date or specified earlier redemption date, and the
412	412	Comptroller will register them without concurrent surrender and
413	413	cancellation of the original bonds. The District may also refund
414	414	any outstanding bonds in the manner provided by any applicable
415	415	General Law.
416	416	(p) All bonds issued by the District pursuant to the
417	417	provisions of this Act shall constitute investment securities
418	418	within the meaning of the Uniform Commercial Code.
419	419	(q) This Act, without reference to other statutes of the
420	420	State of Texas, shall constitute full authority for the
421	421	authorization and issuance of bonds hereunder, and no other Act or
422	422	law with regard to the authorization or issuance of obligations or
423	423	the deposit of the proceeds thereof, or in any impeding or
424	424	restricting the carrying out of the acts herein authorized to be
425	425	done shall be construed as applying to any proceedings taken
426	426	hereunder or acts done pursuant hereto.
427	427	Sec. 8. (a) When any of such revenues are pledged to the
428	428	payment of any bonds issued by said District or loans received by
429	429	the District, it shall be the right and duty of the District's Board
430	430	of Directors to cause to be fixed, maintained and enforced charges,
431	431	fees or tolls for services rendered by properties and facilities,
432	432	the revenues of which have been pledged, at rates and amounts at
433	433	least sufficient to comply with and carry out the covenants and
434	434	provisions contained in the order or orders authorizing the
435	435	issuance of said bonds.
436	436	(b) Regardless of whether the revenues are pledged to the
437	437	payment of bonds, the [The] District shall have the right to impose
438	438	penalties for failure to pay, when due, such charges, fees or tolls.
439	439	SECTION 7. (a) The legal notice of the intention to
440	440	introduce this Act, setting forth the general substance of this
441	441	Act, has been published as provided by law, and the notice and a
442	442	copy of this Act have been furnished to all persons, agencies,
443	443	officials, or entities to which they are required to be furnished
444	444	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
445	445	Government Code.
446	446	(b) The governor, one of the required recipients, has
447	447	submitted the notice and Act to the Texas Commission on
448	448	Environmental Quality.
449	449	(c) The Texas Commission on Environmental Quality has filed
450	450	its recommendations relating to this Act with the governor, the
451	451	lieutenant governor, and the speaker of the house of
452	452	representatives within the required time.
453	453	(d) All requirements of the constitution and laws of this
454	454	state and the rules and procedures of the legislature with respect
455	455	to the notice, introduction, and passage of this Act are fulfilled
456	456	and accomplished.
457	457	SECTION 8. This Act takes effect immediately if it receives
458	458	a vote of two-thirds of all the members elected to each house, as
459	459	provided by Section 39, Article III, Texas Constitution. If this
460	460	Act does not receive the vote necessary for immediate effect, this
461	461	Act takes effect September 1, 2019.