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AN ACT
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relating to the board of directors and powers and duties of the East |
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Montgomery County Municipal Utility District No. 12; providing |
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authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8116.002, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8116.002. NATURE AND PURPOSES OF DISTRICT. (a) The |
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district is [a municipal utility district in Montgomery County] |
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created to serve a public purpose and benefit [under and essential
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to accomplish the purposes of Section 59, Article XVI, Texas
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Constitution]. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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SECTION 2. Section 8116.051(b), Special District Local Laws |
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Code, is amended to read as follows: |
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(b) Except as provided by Section 8116.053, directors |
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[Directors] serve staggered four-year terms. |
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SECTION 3. Subchapter B, Chapter 8116, Special District |
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Local Laws Code, is amended by adding Section 8116.053 to read as |
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follows: |
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Sec. 8116.053. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Larry Williams; |
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(2) Rachel Maybray; |
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(3) Michael Others; |
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(4) Virginia French; and |
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(5) Valerie Mullan. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected at an |
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election held under Section 49.102, Water Code; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this section. |
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(c) If permanent directors have not been elected at an |
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election held under Section 49.102, Water Code, and the terms of the |
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temporary directors have expired, successor temporary directors |
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shall be appointed or reappointed as provided by Subsection (d) to |
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serve terms that expire on the earlier of: |
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(1) the date permanent directors are elected at an |
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election held under Section 49.102, Water Code; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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Texas Commission on Environmental Quality shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SECTION 4. Subchapter C, Chapter 8116, Special District |
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Local Laws Code, is amended by adding Sections 8116.104, 8116.105, |
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8116.106, and 8116.107 to read as follows: |
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Sec. 8116.104. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8116.105. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8116.106. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8116.107. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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SECTION 5. Chapter 8116, Special District Local Laws Code, |
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is amended by adding Subchapters D and E to read as follows: |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8116.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8116.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8116.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8116.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8116.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8116.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8116.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8116.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 6. The following provisions of the Special District |
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Local Laws Code are repealed: |
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(1) Subchapter A1, Chapter 8116; and |
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(2) Section 8116.052. |
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SECTION 7. The East Montgomery County Municipal Utility |
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District No. 12 retains all the rights, powers, privileges, |
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authority, duties, and functions that it had before the effective |
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date of this Act. |
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SECTION 8. (a) The legislature validates and confirms all |
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governmental acts and proceedings of the East Montgomery County |
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Municipal Utility District No. 12 that were taken before the |
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effective date of this Act. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 9. (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, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) 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 are fulfilled |
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and accomplished. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4654 was passed by the House on April |
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26, 2019, by the following vote: Yeas 124, Nays 15, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4654 was passed by the Senate on May |
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10, 2019, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |