Texas 2021 - 87th Regular

Texas House Bill HB4619 Compare Versions

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

Old	New	Differences
1	1	87R13160 CXP-F
2	2	By: Stucky H.B. No. 4619
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Earthland Farms Municipal
8	8	Management District; providing authority to issue bonds; providing
9	9	authority to impose assessments and fees; granting a limited power
10	10	of eminent domain.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 4, Special District Local Laws
13	13	Code, is amended by adding Chapter 3993 to read as follows:
14	14	CHAPTER 3993. EARTHLAND FARMS MUNICIPAL MANAGEMENT DISTRICT
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 3993.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "City" means the City of Sanger, Texas.
19	19	(3) "County" means Denton County, Texas.
20	20	(4) "Director" means a board member.
21	21	(5) "District" means the Earthland Farms Municipal
22	22	Management District.
23	23	Sec. 3993.0102. NATURE OF DISTRICT. The Earthland Farms
24	24	Municipal Management District is a special district created under
25	25	Section 59, Article XVI, Texas Constitution.
26	26	Sec. 3993.0103. PURPOSE; DECLARATION OF INTENT. (a) The
27	27	creation of the district is essential to accomplish the purposes of
28	28	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
29	29	Texas Constitution, and other public purposes stated in this
30	30	chapter.
31	31	(b) By creating the district and in authorizing the county,
32	32	the city, and other political subdivisions to contract with the
33	33	district, the legislature has established a program to accomplish
34	34	the public purposes set out in Section 52-a, Article III, Texas
35	35	Constitution.
36	36	(c) The creation of the district is necessary to promote,
37	37	develop, encourage, and maintain employment, commerce,
38	38	transportation, housing, tourism, recreation, the arts,
39	39	entertainment, economic development, safety, and the public
40	40	welfare in the district.
41	41	(d) This chapter and the creation of the district may not be
42	42	interpreted to relieve the county or the city from providing the
43	43	level of services provided as of the effective date of the Act
44	44	enacting this chapter to the area in the district. The district is
45	45	created to supplement and not to supplant county or city services
46	46	provided in the district.
47	47	Sec. 3993.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
48	48	(a) All land and other property included in the district will
49	49	benefit from the improvements and services to be provided by the
50	50	district under powers conferred by Sections 52 and 52-a, Article
51	51	III, and Section 59, Article XVI, Texas Constitution, and other
52	52	powers granted under this chapter.
53	53	(b) The district is created to serve a public use and
54	54	benefit.
55	55	(c) The creation of the district is in the public interest
56	56	and is essential to further the public purposes of:
57	57	(1) developing and diversifying the economy of the
58	58	state;
59	59	(2) eliminating unemployment and underemployment; and
60	60	(3) developing or expanding transportation and
61	61	commerce.
62	62	(d) The district will:
63	63	(1) promote the health, safety, and general welfare of
64	64	residents, employers, potential employees, employees, visitors,
65	65	and consumers in the district, and of the public;
66	66	(2) provide needed funding for the district to
67	67	preserve, maintain, and enhance the economic health and vitality of
68	68	the district territory as a community and business center;
69	69	(3) promote the health, safety, welfare, and enjoyment
70	70	of the public by providing pedestrian ways and by landscaping and
71	71	developing certain areas in the district, which are necessary for
72	72	the restoration, preservation, and enhancement of scenic beauty;
73	73	and
74	74	(4) provide for water, wastewater, drainage, road, and
75	75	recreational facilities for the district.
76	76	(e) Pedestrian ways along or across a street, whether at
77	77	grade or above or below the surface, and street lighting, street
78	78	landscaping, parking, and street art objects are parts of and
79	79	necessary components of a street and are considered to be a street
80	80	or road improvement.
81	81	(f) The district will not act as the agent or
82	82	instrumentality of any private interest even though the district
83	83	will benefit many private interests as well as the public.
84	84	Sec. 3993.0105. INITIAL DISTRICT TERRITORY. (a) The
85	85	district is initially composed of the territory described by
86	86	Section 2 of the Act enacting this chapter.
87	87	(b) The boundaries and field notes contained in Section 2 of
88	88	the Act enacting this chapter form a closure. A mistake in the
89	89	field notes or in copying the field notes in the legislative process
90	90	does not affect the district's:
91	91	(1) organization, existence, or validity;
92	92	(2) right to contract;
93	93	(3) authority to borrow money or issue any type of
94	94	bonds for the purposes for which the district is created or to pay
95	95	the principal of and interest on the bonds;
96	96	(4) right to impose or collect an assessment or
97	97	collect other revenue; or
98	98	(5) legality or operation.
99	99	Sec. 3993.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
100	100	All or any part of the area of the district is eligible to be
101	101	included in:
102	102	(1) a tax increment reinvestment zone created under
103	103	Chapter 311, Tax Code; or
104	104	(2) a tax abatement reinvestment zone created under
105	105	Chapter 312, Tax Code.
106	106	Sec. 3993.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
107	107	DISTRICTS LAW. Except as otherwise provided by this chapter,
108	108	Chapter 375, Local Government Code, applies to the district.
109	109	Sec. 3993.0108. CONSTRUCTION OF CHAPTER. This chapter
110	110	shall be liberally construed in conformity with the findings and
111	111	purposes stated in this chapter.
112	112	SUBCHAPTER B. BOARD OF DIRECTORS
113	113	Sec. 3993.0201. GOVERNING BODY; TERMS. (a) The district is
114	114	governed by a board of five elected directors who serve staggered
115	115	terms of four years.
116	116	(b) Directors are elected in the manner provided by
117	117	Subchapter D, Chapter 49, Water Code.
118	118	Sec. 3993.0202. COMPENSATION; EXPENSES. (a) The district
119	119	may compensate each director in an amount not to exceed $150 for
120	120	each board meeting. The total amount of compensation for each
121	121	director in one year may not exceed $7,200.
122	122	(b) A director is entitled to reimbursement for necessary
123	123	and reasonable expenses incurred in carrying out the duties and
124	124	responsibilities of the board.
125	125	Sec. 3993.0203. INITIAL DIRECTORS. (a) On or after the
126	126	effective date of the Act enacting this chapter, the owner or owners
127	127	of a majority of the assessed value of the real property in the
128	128	district according to the most recent certified tax appraisal rolls
129	129	for the county may submit a petition to the commission requesting
130	130	that the commission appoint as initial directors five persons named
131	131	in the petition. The commission shall appoint as initial directors
132	132	the persons named in the petition.
133	133	(b) The initial directors shall determine by lot which three
134	134	positions expire June 1, 2024, and which two positions expire June
135	135	1, 2022.
136	136	(c) This section expires September 1, 2025.
137	137	SUBCHAPTER C. POWERS AND DUTIES
138	138	Sec. 3993.0301. GENERAL POWERS AND DUTIES. The district
139	139	has the powers and duties necessary to accomplish the purposes for
140	140	which the district is created.
141	141	Sec. 3993.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
142	142	district, using any money available to the district for the
143	143	purpose, may provide, design, construct, acquire, improve,
144	144	relocate, operate, maintain, or finance an improvement project or
145	145	service authorized under this chapter or Chapter 372 or 375, Local
146	146	Government Code.
147	147	(b) The district may contract with a governmental or private
148	148	entity to carry out an action under Subsection (a).
149	149	(c) The implementation of a district project or service is a
150	150	governmental function or service for the purposes of Chapter 791,
151	151	Government Code.
152	152	Sec. 3993.0303. NONPROFIT CORPORATION. (a) The board by
153	153	resolution may authorize the creation of a nonprofit corporation to
154	154	assist and act for the district in implementing a project or
155	155	providing a service authorized by this chapter.
156	156	(b) The nonprofit corporation:
157	157	(1) has each power of and is considered to be a local
158	158	government corporation created under Subchapter D, Chapter 431,
159	159	Transportation Code; and
160	160	(2) may implement any project and provide any service
161	161	authorized by this chapter.
162	162	(c) The board shall appoint the board of directors of the
163	163	nonprofit corporation. The board of directors of the nonprofit
164	164	corporation shall serve in the same manner as the board of directors
165	165	of a local government corporation created under Subchapter D,
166	166	Chapter 431, Transportation Code, except that a board member is not
167	167	required to reside in the district.
168	168	Sec. 3993.0304. LAW ENFORCEMENT SERVICES. To protect the
169	169	public interest, the district may contract with a qualified party,
170	170	including the county or the city, to provide law enforcement
171	171	services in the district for a fee.
172	172	Sec. 3993.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
173	173	The district may join and pay dues to a charitable or nonprofit
174	174	organization that performs a service or provides an activity
175	175	consistent with the furtherance of a district purpose.
176	176	Sec. 3993.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
177	177	district may engage in activities that accomplish the economic
178	178	development purposes of the district.
179	179	(b) The district may establish and provide for the
180	180	administration of one or more programs to promote state or local
181	181	economic development and to stimulate business and commercial
182	182	activity in the district, including programs to:
183	183	(1) make loans and grants of public money; and
184	184	(2) provide district personnel and services.
185	185	(c) The district may create economic development programs
186	186	and exercise the economic development powers provided to
187	187	municipalities by:
188	188	(1) Chapter 380, Local Government Code; and
189	189	(2) Subchapter A, Chapter 1509, Government Code.
190	190	Sec. 3993.0307. PARKING FACILITIES. (a) The district may
191	191	acquire, lease as lessor or lessee, construct, develop, own,
192	192	operate, and maintain parking facilities or a system of parking
193	193	facilities, including lots, garages, parking terminals, or other
194	194	structures or accommodations for parking motor vehicles off the
195	195	streets and related appurtenances.
196	196	(b) The district's parking facilities serve the public
197	197	purposes of the district and are owned, used, and held for a public
198	198	purpose even if leased or operated by a private entity for a term of
199	199	years.
200	200	(c) The district's parking facilities are parts of and
201	201	necessary components of a street and are considered to be a street
202	202	or road improvement.
203	203	(d) The development and operation of the district's parking
204	204	facilities may be considered an economic development program.
205	205	Sec. 3993.0308. ADDING OR EXCLUDING LAND. The district may
206	206	add or exclude land in the manner provided by Subchapter J, Chapter
207	207	49, Water Code, or by Subchapter H, Chapter 54, Water Code.
208	208	Sec. 3993.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
209	209	board by resolution shall establish the number of directors'
210	210	signatures and the procedure required for a disbursement or
211	211	transfer of district money.
212	212	Sec. 3993.0310. LIMITED POWER OF EMINENT DOMAIN. (a) The
213	213	district may exercise the power of eminent domain in the manner
214	214	provided by Chapter 49, Water Code.
215	215	(b) The district may not exercise the power of eminent
216	216	domain outside the district to acquire a site or easement for:
217	217	(1) a road project; or
218	218	(2) a recreational facility as defined by Section
219	219	49.462, Water Code.
220	220	Sec. 3993.0311. AD VALOREM TAXATION. The district may not
221	221	impose an ad valorem tax.
222	222	SUBCHAPTER D. ASSESSMENTS
223	223	Sec. 3993.0401. PETITION REQUIRED FOR FINANCING SERVICES
224	224	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
225	225	service or improvement project with assessments under this chapter
226	226	unless a written petition requesting that service or improvement
227	227	has been filed with the board.
228	228	(b) A petition filed under Subsection (a) must be signed by
229	229	the owners of a majority of the assessed value of real property in
230	230	the district subject to assessment according to the most recent
231	231	certified tax appraisal roll for the county.
232	232	Sec. 3993.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
233	233	The board by resolution may impose and collect an assessment for any
234	234	purpose authorized by this chapter in all or any part of the
235	235	district.
236	236	(b) An assessment, a reassessment, or an assessment
237	237	resulting from an addition to or correction of the assessment roll
238	238	by the district, penalties and interest on an assessment or
239	239	reassessment, an expense of collection, and reasonable attorney's
240	240	fees incurred by the district:
241	241	(1) are a first and prior lien against the property
242	242	assessed;
243	243	(2) are superior to any other lien or claim other than
244	244	a lien or claim for county, school district, or municipal ad valorem
245	245	taxes; and
246	246	(3) are the personal liability of and a charge against
247	247	the owners of the property even if the owners are not named in the
248	248	assessment proceedings.
249	249	(c) The lien is effective from the date of the board's
250	250	resolution imposing the assessment until the date the assessment is
251	251	paid. The board may enforce the lien in the same manner that the
252	252	board may enforce an ad valorem tax lien against real property.
253	253	(d) The board may make a correction to or deletion from the
254	254	assessment roll that does not increase the amount of assessment of
255	255	any parcel of land without providing notice and holding a hearing in
256	256	the manner required for additional assessments.
257	257	Sec. 3993.0403. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
258	258	Section 375.161, Local Government Code, does not apply to the
259	259	district.
260	260	Sec. 3993.0404. AUTHORITY TO BORROW MONEY AND TO ISSUE
261	261	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
262	262	terms determined by the board.
263	263	(b) The district may issue, by public or private sale,
264	264	bonds, notes, or other obligations payable wholly or partly from
265	265	assessments, impact fees, revenue, contract payments, grants, or
266	266	other district money, or any combination of those sources of money,
267	267	to pay for any authorized district purpose.
268	268	(c) The limitation on the outstanding principal amount of
269	269	bonds, notes, or other obligations provided by Section 49.4645,
270	270	Water Code, does not apply to the district.
271	271	(d) The district may issue, by public or private sale,
272	272	bonds, notes, or other obligations payable wholly or partly from
273	273	assessments in the manner provided by Subchapter A, Chapter 372,
274	274	Local Government Code, if the improvement financed by an obligation
275	275	issued under this section will be conveyed to or operated and
276	276	maintained by a municipality or other retail utility provider
277	277	pursuant to an agreement with the district entered into before the
278	278	issuance of the obligation.
279	279	Sec. 3993.0405. CONSENT OF MUNICIPALITY OR COUNTY REQUIRED.
280	280	(a) The board may not issue bonds until the governing body of
281	281	either the municipality or county in whose limits or
282	282	extraterritorial jurisdiction the district is located has
283	283	consented by ordinance or resolution to the creation of the
284	284	district and to the inclusion of land in the district.
285	285	(b) This section applies only to the district's first
286	286	issuance of bonds.
287	287	SUBCHAPTER J. DISSOLUTION
288	288	Sec. 3993.0901. DISSOLUTION. (a) The board shall dissolve
289	289	the district on written petition filed with the board by the owners
290	290	of:
291	291	(1) 66 percent or more of the assessed value of the
292	292	property subject to assessment by the district based on the most
293	293	recent certified county property tax rolls; or
294	294	(2) 66 percent or more of the surface area of the
295	295	district, excluding roads, streets, highways, utility
296	296	rights-of-way, other public areas, and other property exempt from
297	297	assessment by the district according to the most recent certified
298	298	county property tax rolls.
299	299	(b) The district may not be dissolved if the district:
300	300	(1) has any outstanding bonded or other indebtedness
301	301	until that bonded or other indebtedness has been repaid or defeased
302	302	in accordance with the order or resolution authorizing the issuance
303	303	of the bonded or other indebtedness;
304	304	(2) has a contractual obligation to pay money until
305	305	that obligation has been fully paid in accordance with the
306	306	contract; or
307	307	(3) owns, operates, or maintains public works,
308	308	facilities, or improvements unless the district contracts with
309	309	another person for the ownership, operation, or maintenance of the
310	310	public works, facilities, or improvements.
311	311	(c) Section 375.262, Local Government Code, does not apply
312	312	to the district.
313	313	SECTION 2. The Earthland Farms Municipal Management
314	314	District initially includes all territory contained in the
315	315	following area:
316	316	All that certain lot, tract or parcel of land lying and being
317	317	situated in Denton County, Texas and being a part of the A.H. Lynde
318	318	Survey, Abstract number 770 and the A.H. Lynde Survey, Abstract
319	319	number 771 and the A.H. Lynde Survey, Abstract number 777 and the
320	320	John Gober Survey, Abstract number 486 and being all of that called
321	321	84.23 acre tract of land described in deed to Earthland Farms, LLC
322	322	recorded in Instrument number 2018-88474, Real Property Records,
323	323	Denton County, Texas and being all of Tract I a called 225.78 acre
324	324	tract and all of Tract II a 10.28 acre tract of land described in
325	325	deed to Kenny and Daphne Zollinger recorded in Instrument number
326	326	2015-10615, Real Property Records, Denton County, Texas and being
327	327	more fully described by metes and bounds as follows;
328	328	BEGINNING at a 1/2 inch iron rod found in the approximate center of
329	329	Cash's Mill Road and being the mort Westerly Northwest corner of
330	330	said Tract I and being the Southwest corner of a called 17.031 acre
331	331	tract of land described In deed to Edward Joseph Huettenmueller and
332	332	wife, Rhonda Huettenmuller recorded in Volume 990, Page 505, Deed
333	333	Records, Denton County, Texas;
334	334	THENCE along the common line of said 17.031 acre tract and this
335	335	tract, South 89 degrees 39 minutes 20 seconds East, 911.81 feet to a
336	336	wood fence corner post at the Southeast corner of said 17.031 acre
337	337	tract;
338	338	THENCE South 89 degrees 44 minutes 28 seconds East, 2270.67 feet to
339	339	a 1/2 inch iron rod found;
340	340	THENCE North 01 degrees 10 minutes 32 seconds East, 305.83 feet to a
341	341	capped iron rod set stamped "KAZ";
342	342	THENCE North 89 degrees 33 minutes 58 seconds West, 807.42 feet to a
343	343	wood fence corner post;
344	344	THENCE North 00 degrees 28 minutes 11 seconds East, 1397.44 feet to
345	345	a capped iron rod set stamped "KAZ" at the most Northerly Northwest
346	346	corner of said Tract I and being in the South line of Stone Creek, an
347	347	addition to Denton County, Texas according to the plat recorded in
348	348	Cabinet P, Page 32, Plat Records, Denton County, Texas;
349	349	THENCE along the common line of said Stone Creek and this tract,
350	350	North 89 degrees 54 minutes 40 seconds East, 2151.99 feet to a wood
351	351	fence corner at the Northeast corner of said Tract I and the
352	352	Northwest corner of said 84.23 acre tract and also being the
353	353	Southeast corner of the J.M. Gist Survey, Abstract number 478;
354	354	THENCE continuing along said common line, South 89 degrees 42
355	355	minutes 43 seconds East, passing a capped iron rod found at 2728.42
356	356	feet, continuing in all a total distance of 2758.66 feet to a Mag
357	357	nail set in the approximate center of Lois Road and being the
358	358	Northeast corner of said 84.23 acre tract;
359	359	THENCE along said center, South 00 degrees 14 minutes 51 seconds
360	360	West, 1333.22 feet to a Mag nail set at the Southeast corner of said
361	361	84.23 acre tract and the Northeast corner of a called 120.67 acre
362	362	tract of land described in deed to Don Gillum recorded in Instrument
363	363	number 2015-146204, Real Property Records, Denton County, Texas;
364	364	THENCE along the common line of said 120.67 acre tract and this
365	365	tract, North 89 degrees 42 minutes 43 seconds West, 2710.53 feet to
366	366	a 1/2 inch iron rod found at the most Southerly Southwest corner of
367	367	said 84.23 acre tract and being the Northwest corner of said 120.67
368	368	acre tract and being in the East line of the aforesaid Tract I;
369	369	THENCE along the common line of said 120.67 acre tract and this
370	370	tract, South 00 degrees 31 minutes 11 seconds West, 1981.65 feet to
371	371	a capped iron rod set stamped "KAZ" at the Southwest corner of said
372	372	120.67 acre tract, in the South line of said Abstract 770, and in
373	373	the North line of said Abstract 486;;
374	374	THENCE continuing along said common line, North 89 degrees 54
375	375	minutes 51 seconds East, 573.24 feet to a wood fence corner post at
376	376	a common corner of said 120.67 acre tract and this tract and the
377	377	Northeast corner of said Abstract number 486 and also being the
378	378	Northwest corner of the R. Gist Survey, Abstract number 504;
379	379	THENCE South 02 degrees 25 minutes 15 seconds East, 427.42 feet to a
380	380	capped iron rod found at the Southeast corner of said Tract I;
381	381	THENCE North 89 degrees 38 minutes 28 seconds West, 3284.87 feet to
382	382	a capped iron rod found at the most Southerly Southwest corner of
383	383	said Tract I and being the Southeast corner of a called 20.00 acre
384	384	tract of land described in deed to Floyd Seitzinger, etux recorded
385	385	in Instrument number 2007-28688, Real Property Records, Denton
386	386	County, Texas;
387	387	THENCE along the common line of said 20.00 acre tract and this
388	388	tract, North 00 degrees 25 minutes 40 seconds East, 1171.02 feet to
389	389	a metal fence corner post at the Northeast corner of said 20.00 acre
390	390	tract;
391	391	THENCE continuing along said common line, North 89 degrees 38
392	392	minutes 28 seconds West, 743.98 feet to a capped iron rod found at
393	393	the Northwest corner of said 20.00 acre tract;
394	394	THENCE North 00 degrees 25 minutes 39 seconds East, 390.34 feet to a
395	395	1/2 inch iron rod found at the Southeast corner of the
396	396	aforementioned 10.28 acre tract;
397	397	THENCE North 89 degrees 38 minutes 28 seconds West, 1147.00 feet to
398	398	a Mag nail set at the Southwest corner of said 10.28 acre tract and
399	399	being in the approximate center of the aforementioned Cash's Mill
400	400	Road;
401	401	THENCE along said center, North 00 degrees 27 minutes 52 seconds
402	402	East, 450.60 feet to the PLACE OF BEGINNING and containing 320.41
403	403	acres of land more or less.
404	404	SECTION 3. (a) The legal notice of the intention to
405	405	introduce this Act, setting forth the general substance of this
406	406	Act, has been published as provided by law, and the notice and a
407	407	copy of this Act have been furnished to all persons, agencies,
408	408	officials, or entities to which they are required to be furnished
409	409	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
410	410	Government Code.
411	411	(b) The governor, one of the required recipients, has
412	412	submitted the notice and Act to the Texas Commission on
413	413	Environmental Quality.
414	414	(c) The Texas Commission on Environmental Quality has filed
415	415	its recommendations relating to this Act with the governor,
416	416	lieutenant governor, and speaker of the house of representatives
417	417	within the required time.
418	418	(d) All requirements of the constitution and laws of this
419	419	state and the rules and procedures of the legislature with respect
420	420	to the notice, introduction, and passage of this Act have been
421	421	fulfilled and accomplished.
422	422	SECTION 4. (a) Section 3993.0310, Special District Local
423	423	Laws Code, as added by Section 1 of this Act, takes effect only if
424	424	this Act receives a two-thirds vote of all the members elected to
425	425	each house.
426	426	(b) If this Act does not receive a two-thirds vote of all the
427	427	members elected to each house, Subchapter C, Chapter 3993, Special
428	428	District Local Laws Code, as added by Section 1 of this Act, is
429	429	amended by adding Section 3993.0310 to read as follows:
430	430	Sec. 3993.0310. NO EMINENT DOMAIN POWER. The district may
431	431	not exercise the power of eminent domain.
432	432	(c) This section is not intended to be an expression of a
433	433	legislative interpretation of the requirements of Section 17(c),
434	434	Article I, Texas Constitution.
435	435	SECTION 5. This Act takes effect immediately if it receives
436	436	a vote of two-thirds of all the members elected to each house, as
437	437	provided by Section 39, Article III, Texas Constitution. If this
438	438	Act does not receive the vote necessary for immediate effect, this
439	439	Act takes effect September 1, 2021.