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AN ACT
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relating to The Woodlands Township. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8(e), Chapter 289, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended to read as follows: |
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(e) A vacancy in the office of director shall be filled by |
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appointment of a qualified individual by a majority vote of the |
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remaining directors[, except that if the number of directors for
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any reason is less than four, on petition of a resident of or owner
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of real property in the district, the commission shall appoint the
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required number of qualified individuals to fill the vacancies]. |
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SECTION 2. Section 11B, Chapter 289, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended by adding Subsection |
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(b) to read as follows: |
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(b) Notwithstanding Subsection (a) of this section, if at |
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least 99 percent of the territory of the district is incorporated |
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and the district is dissolved in the manner provided by Section 14A |
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of this Act, the district or municipality shall apply the proceeds |
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from a hotel occupancy tax imposed under Section 11A of this Act: |
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(1) for the purposes described by Section 351.101, Tax |
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Code; or |
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(2) as may otherwise be required in connection with |
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the district's debt and other obligations existing before the |
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incorporation to which the proceeds from a hotel occupancy tax |
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imposed under Section 11A of this Act have been pledged. |
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SECTION 3. Section 11C(p), Chapter 289, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended to read as follows: |
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(p) Sections 311.002 and 311.014 through 311.017, Tax Code, |
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apply to the district, except that for purposes of this subsection: |
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(1) a reference in those sections to a municipality |
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means the district and the development zone; |
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(2) a reference in those sections to an ordinance |
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means an order; |
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(3) a reference in those sections to a reinvestment |
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zone means a development zone; |
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(4) a reference in those sections to an agreement made |
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under Subsection (b), Section 311.010, Tax Code, means an agreement |
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made under Subsection (l) of this section; |
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(5) "development" means initial development; |
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(6) "redevelopment" means substantial redevelopment; |
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(7) Section 311.016, Tax Code, applies only if ad |
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valorem taxes are used, in whole or in part, in payment of project |
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costs of a development zone; and |
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(8) a development zone created without a duration or |
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date of termination may be dissolved by a two-thirds vote of the |
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board of directors of the district or of the governing body of a |
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municipality or other form of local government, other than the |
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development zone, succeeding to the principal assets, powers, |
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functions, and liabilities of the district, but only if: |
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(A) the development zone has no outstanding |
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indebtedness or other obligations; or |
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(B) the assets, powers, functions, and |
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liabilities, and any outstanding indebtedness or obligations, of |
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the development zone are expressly assumed by the district or the |
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succeeding municipality or local government. |
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SECTION 4. Chapter 289, Acts of the 73rd Legislature, |
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Regular Session, 1993, is amended by adding Section 14A to read as |
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follows: |
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Sec. 14A. INCORPORATION. (a) This section prevails over |
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any other provision of this Act that conflicts with or is |
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inconsistent with this section. |
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(b) Except as provided by Subsections (c) and (f) of this |
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section, and subject to any applicable limitations of the |
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constitution of this state, if the incorporation of at least 99 |
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percent of the territory of the district and the transfer of the |
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rights, powers, privileges, duties, purposes, functions, and |
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responsibilities of the district and the district's authority to |
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issue bonds and impose a tax to the municipality are approved by a |
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majority of the voters voting in an election held for that purpose, |
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including an election described by Section 9(h)(2) of this Act: |
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(1) the assets, liabilities, obligations, rights, |
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powers, privileges, duties, purposes, functions, and |
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responsibilities of the district and the district's authority to |
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issue bonds and impose a tax are transferred to the municipality; |
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and |
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(2) the district is dissolved. |
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(c) If on the date the incorporation of the territory of the |
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district is approved at an election described by Subsection (b) of |
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this section the district owes any debt that cannot be transferred |
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to the municipality, the district is continued until the debt is |
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retired or is restructured in a manner that the debt may be |
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transferred to the municipality. |
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(d) If the conditions described by Subsection (c) of this |
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section are met: |
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(1) the board shall adopt an order certifying that the |
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conditions have been met; and |
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(2) on the effective date of the order: |
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(A) the assets, liabilities, obligations, |
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rights, powers, privileges, duties, purposes, functions, and |
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responsibilities of the district and the district's authority to |
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issue bonds and impose a tax are transferred to the municipality; |
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and |
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(B) the district is dissolved. |
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(e) In addition to any other restructuring methods |
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permitted by law, the district may restructure its outstanding debt |
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for the purpose of transferring the debt to the municipality by |
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issuing refunding bonds secured by: |
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(1) a limited pledge of ad valorem tax revenue not |
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greater than that authorized to be levied by the municipality; |
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(2) a pledge of one or more other sources of revenue |
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available to the district that are also available to the |
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municipality under this section or general law; or |
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(3) a pledge of a combination of revenues described by |
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Subdivisions (1) and (2) of this subsection. |
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(f) The transfer of assets, liabilities, obligations, |
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rights, powers, privileges, duties, purposes, functions, and |
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responsibilities of the district and the district's authority to |
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issue bonds and impose a tax to the municipality under this section |
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is effective regardless of whether the boundaries of the |
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municipality are coterminous with the boundaries of the district, |
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unless the transfer would materially impair the security for a debt |
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transferred to the municipality. If the transfer would materially |
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impair the security for a debt transferred to the municipality, the |
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debt must be restructured in the manner provided by this section |
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before the transfer may occur. |
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SECTION 5. Subtitle X, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 11011 to read as follows: |
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CHAPTER 11011. THE WOODLANDS TOWNSHIP |
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Sec. 11011.001. DEFINITION. In this chapter, "district" |
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means The Woodlands Township. |
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Sec. 11011.002. LAW GOVERNING DISTRICT. The district is |
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governed by this chapter and Chapter 289, Acts of the 73rd |
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Legislature, Regular Session, 1993. |
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Sec. 11011.003. DISSOLUTION OF DISTRICT. (a) If at least |
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99 percent of the territory of the district is incorporated and the |
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district is dissolved in the manner provided by Section 14A, |
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Chapter 289, Acts of the 73rd Legislature, Regular Session, 1993, |
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only the following sections of Chapter 289, Acts of the 73rd |
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Legislature, Regular Session, 1993, apply to the municipality in |
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addition to any applicable general law provisions, a reference in |
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those sections to the district means the municipality, and a |
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reference in those sections to the board or board of directors means |
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the governing body of the municipality: |
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(1) Sections 6(a) and (c); |
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(2) Sections 7(a), (b), (c), (e), (f), (g), (h), (i), |
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(j), (l), (n), (o), (p), (q), (r), (t), (u), (v), (w), (y), (z), and |
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(aa); |
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(3) Section 7H; |
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(4) Sections 9(h)(3), (4), and (5); |
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(5) Section 11; |
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(6) Section 11A; |
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(7) Section 11B; |
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(8) Section 11B-1; |
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(9) Section 11C; |
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(10) Sections 12A(a), (c), (d), (e), and (f); and |
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(11) Section 13. |
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(b) The remaining provisions of Chapter 289, Acts of the |
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73rd Legislature, Regular Session, 1993, do not apply to the |
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municipality after the dissolution of the district. |
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SECTION 6. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) The general law relating to consent by political |
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subdivisions to the creation of districts with conservation, |
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reclamation, and road powers and the inclusion of land in those |
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districts has been complied with. |
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(e) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act have been |
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fulfilled and accomplished. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1014 passed the Senate on |
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April 25, 2017, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2017, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1014 passed the House, with |
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amendment, on May 24, 2017, by the following vote: Yeas 146, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |