Texas 2023 - 88th Regular

Texas House Bill HB5320 Compare Versions

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Version 2 (New)

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1	1	H.B. No. 5320
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Montgomery County Municipal Utility
6	6	District No. 227; granting a limited power of eminent domain;
7	7	providing authority to issue bonds; providing authority to impose
8	8	assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 7921A to read as follows:
12	12	CHAPTER 7921A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
13	13	NO. 227
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 7921A.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Montgomery County Municipal
21	21	Utility District No. 227.
22	22	Sec. 7921A.0102. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 7921A.0103. CONFIRMATION AND DIRECTOR ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 7921A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section
31	31	7921A.0103 until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district as required by
35	35	applicable law.
36	36	Sec. 7921A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7921A.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7921A.0201. GOVERNING BODY; TERMS. (a) The district
60	60	is governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7921A.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7921A.0202. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act enacting this chapter, the owner or owners
65	65	of a majority of the assessed value of the real property in the
66	66	district may submit a petition to the commission requesting that
67	67	the commission appoint as temporary directors the five persons
68	68	named in the petition. The commission shall appoint as temporary
69	69	directors the five persons named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7921A.0103; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 7921A.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 7921A.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 7921A.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 7921A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 7921A.0303. AUTHORITY FOR ROAD PROJECTS. Under
101	101	Section 52, Article III, Texas Constitution, the district may
102	102	design, acquire, construct, finance, issue bonds for, improve,
103	103	operate, maintain, and convey to this state, a county, or a
104	104	municipality for operation and maintenance macadamized, graveled,
105	105	or paved roads, or improvements, including storm drainage, in aid
106	106	of those roads.
107	107	Sec. 7921A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
108	108	road project must meet all applicable construction standards,
109	109	zoning and subdivision requirements, and regulations of each
110	110	municipality in whose corporate limits or extraterritorial
111	111	jurisdiction the road project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards,
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 7921A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
121	121	ORDINANCE OR RESOLUTION. The district shall comply with all
122	122	applicable requirements of any ordinance or resolution that is
123	123	adopted under Section 54.016 or 54.0165, Water Code, and that
124	124	consents to the creation of the district or to the inclusion of land
125	125	in the district.
126	126	Sec. 7921A.0306. DIVISION OF DISTRICT. (a) The board, on
127	127	its own motion or on receipt of a petition signed by the owner or
128	128	owners of a majority of the assessed value of the real property in
129	129	the district, may adopt an order dividing the district.
130	130	(b) An order dividing a district may create one or more new
131	131	districts and may provide for the continuation of the district.
132	132	(c) An order dividing the district must:
133	133	(1) name any new district;
134	134	(2) include the metes and bounds description of the
135	135	territory of each of the districts;
136	136	(3) appoint temporary directors for any new district;
137	137	and
138	138	(4) provide for the division of assets and liabilities
139	139	between the districts.
140	140	(d) The board may adopt an order dividing the district
141	141	before or after the date the board holds an election to confirm the
142	142	district's creation.
143	143	(e) The district may be divided only if the district:
144	144	(1) has never issued any bonds; and
145	145	(2) is not imposing ad valorem taxes.
146	146	(f) A new district created by the division of the district
147	147	may not, at the time the new district is created, contain any land
148	148	outside the area described by Section 2 of the Act enacting this
149	149	chapter.
150	150	(g) On or before the 30th day after the date of adoption of
151	151	an order dividing the district, the district shall file the order
152	152	with the commission and record the order in the real property
153	153	records of each county in which the district is located.
154	154	(h) This chapter applies to any new district created by the
155	155	division of the district, and a new district has all the powers and
156	156	duties of the district.
157	157	(i) A new district created by the division of the district
158	158	shall hold a confirmation and directors' election.
159	159	(j) If the creation of the new district is confirmed, the
160	160	new district shall provide the election date and results to the
161	161	commission.
162	162	(k) A new district created by the division of the district
163	163	must hold an election as required by this chapter to obtain voter
164	164	approval before the district may impose a maintenance tax or issue
165	165	bonds payable wholly or partly from ad valorem taxes.
166	166	(l) The district may continue to rely on confirmation,
167	167	directors', bond, or tax elections held prior to the division.
168	168	(m) Municipal consent to the creation of the district and to
169	169	the inclusion of land in the district acts as municipal consent to
170	170	the creation of any new district created by the division of the
171	171	district and to the inclusion of land in the new district.
172	172	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
173	173	Sec. 7921A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
174	174	The district may issue, without an election, bonds and other
175	175	obligations secured by:
176	176	(1) revenue other than ad valorem taxes; or
177	177	(2) contract payments described by Section
178	178	7921A.0403.
179	179	(b) The district must hold an election in the manner
180	180	provided by Chapters 49 and 54, Water Code, to obtain voter approval
181	181	before the district may impose an ad valorem tax or issue bonds
182	182	payable from ad valorem taxes.
183	183	(c) The district may not issue bonds payable from ad valorem
184	184	taxes to finance a road project unless the issuance is approved by a
185	185	vote of a two-thirds majority of the district voters voting at an
186	186	election held for that purpose.
187	187	Sec. 7921A.0402. OPERATION AND MAINTENANCE TAX. (a) If
188	188	authorized at an election held under Section 7921A.0401, the
189	189	district may impose an operation and maintenance tax on taxable
190	190	property in the district in accordance with Section 49.107, Water
191	191	Code.
192	192	(b) The board shall determine the tax rate. The rate may not
193	193	exceed the rate approved at the election.
194	194	Sec. 7921A.0403. CONTRACT TAXES. (a) In accordance with
195	195	Section 49.108, Water Code, the district may impose a tax other than
196	196	an operation and maintenance tax and use the revenue derived from
197	197	the tax to make payments under a contract after the provisions of
198	198	the contract have been approved by a majority of the district voters
199	199	voting at an election held for that purpose.
200	200	(b) A contract approved by the district voters may contain a
201	201	provision stating that the contract may be modified or amended by
202	202	the board without further voter approval.
203	203	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
204	204	Sec. 7921A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
205	205	OBLIGATIONS. The district may issue bonds or other obligations
206	206	payable wholly or partly from ad valorem taxes, impact fees,
207	207	revenue, contract payments, grants, or other district money, or any
208	208	combination of those sources, to pay for any authorized district
209	209	purpose.
210	210	Sec. 7921A.0502. TAXES FOR BONDS. At the time the district
211	211	issues bonds payable wholly or partly from ad valorem taxes, the
212	212	board shall provide for the annual imposition of a continuing
213	213	direct ad valorem tax, without limit as to rate or amount, while all
214	214	or part of the bonds are outstanding as required and in the manner
215	215	provided by Sections 54.601 and 54.602, Water Code.
216	216	Sec. 7921A.0503. BONDS FOR ROAD PROJECTS. At the time of
217	217	issuance, the total principal amount of bonds or other obligations
218	218	issued or incurred to finance road projects and payable from ad
219	219	valorem taxes may not exceed one-fourth of the assessed value of the
220	220	real property in the district.
221	221	SECTION 2. The Montgomery County Municipal Utility District
222	222	No. 227 initially includes all the territory contained in the
223	223	following area:
224	224	Being 581.9 acres of land, more or less, located in the John
225	225	Corner Survey, Abstract 8, Thomas Chatham Survey, Abstract 127, and
226	226	the Raleigh Rogers Survey, Abstract 33, C. B. Stewart Survey,
227	227	Abstract 479, and the William W. Shepperd Survey, Abstract 480,
228	228	Montgomery County, Texas, out of land conveyed to Homeplace Lands,
229	229	LLC, as recorded under Clerk's File No. 2012125424 of the Official
230	230	Public Records of Real Property, Montgomery County, Texas,
231	231	(O.P.R.M.C.), being comprised if three (3) tracts as described
232	232	below; said 581.9 acres, more or less, being more particularly
233	233	described as follows, with all bearings referenced to the Texas
234	234	Coordinate System, Central Zone, NAD83 (NA2011) Epoch 2010.00:
235	235	TRACT 1: 11.9 Acres
236	236	BEGINNING at a westerly corner of Hilltop Ranch, Section 1, a
237	237	plat as recorded in Cabinet "O", Sheet 138, of the Montgomery County
238	238	Map Records (M.C.M.R.), lying in an easterly right-of-way line of
239	239	FM 2854 (width varies), and a northerly line of land conveyed to
240	240	Homeplace Lands, LLC, as recorded under Clerk's File
241	241	No. 2012125424, of the O.P.R.M.C.;
242	242	THENCE EASTERLY approximately 498 feet, more or less, with
243	243	and adjoining a westerly line of said Hilltop Ranch, Section 1, to
244	244	the northeast corner of the herein described tract;
245	245	THENCE SOUTHERLY approximately 1,208 feet, more or less, with
246	246	and adjoining said westerly line of said Hilltop Ranch, Section 1,
247	247	to the southeast corner of the herein described tract, lying in the
248	248	common Extra Territorial Jurisdiction (ETJ) line of the City of
249	249	Conroe and the City of Montgomery, Texas;
250	250	THENCE SOUTHWESTERLY approximately 201 feet, more or less,
251	251	along a curve to the right, with and adjoining said common City of
252	252	Conroe and City of Montgomery ETJ line, to the southwest corner of
253	253	the herein described tract, lying in said easterly line of FM 2854;
254	254	THENCE NORTHERLY approximately 1,333 feet, more or less, with
255	255	and adjoining said easterly right-of-way line of F.M. 2854, to the
256	256	POINT OF BEGINNING, and containing approximately 11.9 acres of
257	257	land. This document was prepared under 22 Texas Administrative Code §
258	258	138.95, does not reflect the results of an on the ground survey,
259	259	and is not to be used to convey or establish interests in real
260	260	property except those rights and interests implied or established
261	261	by the creation or reconfiguration of the boundary of the political
262	262	subdivision for which it was prepared.
263	263	TRACT 2: 370 Acres
264	264	Being 370 acres of land out of the John Corner Survey,
265	265	Abstract 8, William W. Shepperd Survey, A-480, C. B. Stewart
266	266	Survey, Abstract 479, Thomas Chatham Survey, A-127, and the Raleigh
267	267	Rogers Survey, A-33, Montgomery County, Texas:
268	268	Beginning at the northwest corner of a 60 foot by 60 foot
269	269	cemetery, as defined under Clerk's File No. 2011113416 of the
270	270	Official Public Records Montgomery County, Texas (O.P.R.M.C.),
271	271	lying in an easterly right-of-way line of FM 149, and being a
272	272	westerly corner of land described under Clerks File No. 2012125424
273	273	of the O.P.R.M.C.;
274	274	THENCE NORTHERLY approximately 492 feet, more or less, with
275	275	and adjoining said easterly right-of-way line of F.M. 149, to the
276	276	northwest corner of the herein described tract, lying in a
277	277	southerly City of Montgomery, City Limit line;
278	278	THENCE EASTERLY approximately 2,028 feet, more or less, with
279	279	and adjoining a said southerly City Limit line, to a southerly line
280	280	of a 14.755 acre tract as defined under Clerk's File No. 2018119879
281	281	of the O.P.R.M.C., for a northerly corner of the herein described
282	282	tract;
283	283	THENCE SOUTHEASTERLY approximately 151 feet, more or less,
284	284	with and adjoining said southerly line of the 14.755 acre tract, to
285	285	a northerly corner of the herein described tract;
286	286	THENCE NORTHEASTERLY approximately 50 feet, more or less,
287	287	with and adjoining said southerly line of the 14.755 acre tract, to
288	288	a northerly corner of the herein described tract, lying in said
289	289	southerly City Limit line;
290	290	THENCE EASTERLY approximately 3,448 feet, more or less, with
291	291	and adjoining said southerly City Limit line, to a northerly corner
292	292	of the herein described tract;
293	293	THENCE NORTHERLY approximately 3,346 feet, more or less, with
294	294	and adjoining said southerly City Limit line, to a northerly corner
295	295	of the herein described tract;
296	296	THENCE EASTERLY approximately 806 feet, more or less, with
297	297	and adjoining said southerly City Limit line, to the northeast
298	298	corner of the herein described tract, lying in a westerly
299	299	right-of-way line of FM 2854;
300	300	THENCE SOUTHERLY approximately 5,500 feet, more or less, with
301	301	and adjoining said westerly right-of-way line of FM 2854, to the
302	302	southeast corner of the herein described tract, also being the
303	303	northeast corner of a 22.178 acre tract as recorded under Clerk's
304	304	File No. 2018119879 of the O.P.R.M.C.;
305	305	THENCE WESTERLY approximately 1,148 feet, more or less, with
306	306	and adjoining the northerly line of said 22.178 acre tract, to a
307	307	southerly corner of the herein described tract;
308	308	THENCE SOUTHERLY approximately 662 feet, more or less, with
309	309	and adjoining the westerly line of said 22.178 acre tract, to a
310	310	southerly corner of the herein described tract, lying in a common
311	311	Extra Territorial Jurisdiction (ETJ) line of the City of Conroe and
312	312	the City of Montgomery, Texas;
313	313	THENCE WESTERLY approximately 2,377 feet, more or less, with
314	314	and adjoining said common ETJ line, to a southerly corner of the
315	315	herein described tract;
316	316	THENCE SOUTHERLY approximately 3,273 feet, more or less, with
317	317	and adjoining said common ETJ line, to the most southerly corner of
318	318	the herein described tract, lying in the north easterly
319	319	right-of-way line of the BN & SF Railroad;
320	320	THENCE NORTHWESTERLY approximately 1,034 feet, more or less,
321	321	with and adjoining said northeasterly right-of-way line of the BN &
322	322	SF Railroad, to a westerly corner of the herein described tract;
323	323	THENCE NORTHWESTERLY approximately 71 feet, more or less to a
324	324	southerly corner of Shannon Place, a plat as recorded in Cabinet
325	325	"D", Sheet 160-A, of the Montgomery County Map Records (M.C.M.R.);
326	326	THENCE NORTHERLY approximately 4,046 feet, more or less, with
327	327	and adjoining the easterly line of said Shannon Place, to the
328	328	northeast corner of said plat, lying in a southerly line of the C.
329	329	B. Stewart Survey, A-479, as shown on said plat;
330	330	THENCE WESTERLY approximately 1,628 feet, more of less, with
331	331	and adjoining the northerly line of said Shannon Place, to a
332	332	westerly corner of the herein described tract;
333	333	THENCE NORTHERLY approximately 1,120 feet, more or less, with
334	334	and adjoining a northerly line of said Shannon Place and an easterly
335	335	line of a 10.59 acre tract as recorded under Clerk's File
336	336	No. 2011113416 of the O.P.R.M.C., to a westerly corner of the
337	337	herein described tract;
338	338	THENCE WESTERLY approximately 438 feet, more or less, with
339	339	and adjoining the northerly line of said 10.59 acre tract and said
340	340	cemetery tract, to the POINT OF BEGINNING, and containing
341	341	approximately 370 acres of land. This document was prepared under
342	342	22 Texas Administrative Code §138.95, does not reflect the results
343	343	of an on the ground survey, and is not to be used to convey or
344	344	establish interests in real property except those rights and
345	345	interests implied or established by the creation or reconfiguration
346	346	of the boundary of the political subdivision for which it was
347	347	prepared.
348	348	TRACT 3: 180 Acres
349	349	Being 180 acres of land out of the Raleigh Rogers Survey,
350	350	A-33, Montgomery County, Texas:
351	351	BEGINNING at a southwest corner of a 23.362 acre tract, as
352	352	described in a deed recorded under Clerk's File No. 2006-104958 of
353	353	the Official Public Records of Real Property Montgomery County,
354	354	Texas (O.P.R.R.P.M.C.)., lying in the easterly right-of-way line of
355	355	F.M. 149, and being a westerly corner of land described under Clerks
356	356	File No. 2012125424 of the Official Public Records Montgomery
357	357	County, Texas (O.P.R.M.C.);
358	358	THENCE EASTERLY approximately 1,669 feet, more or less, with
359	359	and adjoining a southerly line of said 23.362 acre tract, also being
360	360	a southerly line of the Montgomery 149, LLC tract as recorded under
361	361	Clerk's File No. 2018058916 of the O.P.R.M.C., to a westerly
362	362	interior corner of the herein described tract;
363	363	THENCE NORTHERLY approximately 2,151 feet, more or less, with
364	364	and adjoining the easterly line of said Montgomery 149, LLC tract to
365	365	an easterly interior corner of said Montgomery 149, LLC tract, also
366	366	being a northerly corner of the herein described tract;
367	367	THENCE EASTERLY approximately 302 feet, more or less, with
368	368	and adjoining said Montgomery 149, LLC tract, to the northeast
369	369	corner of the herein described tract, lying in a southwesterly
370	370	right-of-way line of the BN & SF Railroad;
371	371	THENCE SOUTHEASTERLY approximately 918 feet, more or less,
372	372	with and adjoining a southwesterly right-of-way line of the BN & SF
373	373	Railroad, to an easterly corner of the herein described tract,
374	374	lying in the common Extra Territorial Jurisdiction (ETJ) line of
375	375	the City of Conroe and the City of Montgomery, Texas;
376	376	THENCE SOUTHERLY approximately 3,811 feet, more or less, with
377	377	and adjoining said common ETJ line, to the southeast corner of the
378	378	herein described tract, lying in a northerly line of land as
379	379	described in a warranty deed to Earle T. McCants and Edward W.
380	380	McCants as recorded under Clerk's File No. 99002183 of the
381	381	O.P.R.R.P.M.C.;
382	382	THENCE WESTERLY approximately 2,561 feet, more or less, with
383	383	and adjoining said northerly line of Earle T. McCants and Edward W.
384	384	McCants tract, to the southwest corner of the herein described
385	385	tract, lying in said easterly right-of-way line of FM 149;
386	386	THENCE NORTHERLY approximately 2,391 feet, more or less, with
387	387	and adjoining said easterly right-of-way line of FM 149, to the
388	388	POINT OF BEGINNING, and containing approximately 180 acres. This
389	389	document was prepared under 22 Texas Administrative Code §138.95,
390	390	does not reflect the results of an on the ground survey, and is not
391	391	to be used to convey or establish interests in real property except
392	392	those rights and interests implied or established by the creation
393	393	or reconfiguration of the boundary of the political subdivision for
394	394	which it was prepared.
395	395	SECTION 3. (a) The legal notice of the intention to
396	396	introduce this Act, setting forth the general substance of this
397	397	Act, has been published as provided by law, and the notice and a
398	398	copy of this Act have been furnished to all persons, agencies,
399	399	officials, or entities to which they are required to be furnished
400	400	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
401	401	Government Code.
402	402	(b) The governor, one of the required recipients, has
403	403	submitted the notice and Act to the Texas Commission on
404	404	Environmental Quality.
405	405	(c) The Texas Commission on Environmental Quality has filed
406	406	its recommendations relating to this Act with the governor, the
407	407	lieutenant governor, and the speaker of the house of
408	408	representatives within the required time.
409	409	(d) All requirements of the constitution and laws of this
410	410	state and the rules and procedures of the legislature with respect
411	411	to the notice, introduction, and passage of this Act are fulfilled
412	412	and accomplished.
413	413	SECTION 4. (a) If this Act does not receive a two-thirds
414	414	vote of all the members elected to each house, Subchapter C, Chapter
415	415	7921A, Special District Local Laws Code, as added by Section 1 of
416	416	this Act, is amended by adding Section 7921A.0307 to read as
417	417	follows:
418	418	Sec. 7921A.0307. NO EMINENT DOMAIN POWER. The district may
419	419	not exercise the power of eminent domain.
420	420	(b) This section is not intended to be an expression of a
421	421	legislative interpretation of the requirements of Section 17(c),
422	422	Article I, Texas Constitution.
423	423	SECTION 5. This Act takes effect immediately if it receives
424	424	a vote of two-thirds of all the members elected to each house, as
425	425	provided by Section 39, Article III, Texas Constitution. If this
426	426	Act does not receive the vote necessary for immediate effect, this
427	427	Act takes effect September 1, 2023.
428	428	______________________________ ______________________________
429	429	President of the Senate Speaker of the House
430	430	I certify that H.B. No. 5320 was passed by the House on May 2,
431	431	2023, by the following vote: Yeas 111, Nays 34, 2 present, not
432	432	voting.
433	433	______________________________
434	434	Chief Clerk of the House
435	435	I certify that H.B. No. 5320 was passed by the Senate on May
436	436	21, 2023, by the following vote: Yeas 27, Nays 4.
437	437	______________________________
438	438	Secretary of the Senate
439	439	APPROVED: _____________________
440	440	Date
441	441	_____________________
442	442	Governor