S.B. No. 7
 
 
 
 
AN ACT
  relating to flood planning, mitigation, and infrastructure
  projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  FLOOD CONTROL PLANNING
         SECTION 1.01.  The heading to Section 15.405, Water Code, is
  amended to read as follows:
         Sec. 15.405.  FLOOD CONTROL PLANNING CONTRACTS.
         SECTION 1.02.  Section 15.405, Water Code, is amended by
  amending Subsections (a), (f), and (g) and adding Subsection (a-1)
  to read as follows:
         (a)  In this section, "flood control planning" means any work
  related to:
               (1)  planning for flood protection;
               (2)  preparing applications for and obtaining
  regulatory approvals at the local, state, or federal level;
               (3)  activities associated with administrative or
  legal proceedings by regulatory agencies; and
               (4)  preparing engineering plans and specifications to
  provide structural or nonstructural flood mitigation and drainage.
         (a-1)  The board may enter into contracts with political
  subdivisions to pay from the research and planning fund all or part
  of the cost of [developing] flood control planning [plans] for the
  political subdivision.
         (f)  The board shall adopt rules establishing criteria of
  eligibility for flood control planning money that considers:
               (1)  the relative need of the political subdivision for
  the money, giving greater importance to a county that has a median
  household income that is not greater than 85 percent of the median
  state household income;
               (2)  the legal authority of the political subdivision
  to plan for and control flooding; and
               (3)  the effect of flood control planning by the
  political subdivision on overall flood control in the state and
  within the area in which the political subdivision is located.
         (g)  The board shall require that flood control planning
  documents [plans] developed under contracts entered into under this
  section be made available to the commission.
  ARTICLE 2.  FLOOD INFRASTRUCTURE FUND
         SECTION 2.01.  Chapter 15, Water Code, is amended by adding
  Subchapter I to read as follows:
  SUBCHAPTER I. FLOOD INFRASTRUCTURE FUND
         Sec. 15.531.  DEFINITIONS. In this subchapter:
               (1)  "Eligible political subdivision" means a district
  or authority created under Section 52, Article III, or Section 59,
  Article XVI, Texas Constitution, a municipality, or a county.
               (2)  "Flood project" means a drainage, flood
  mitigation, or flood control project, including:
                     (A)  planning and design activities;
                     (B)  work to obtain regulatory approval to provide
  nonstructural and structural flood mitigation and drainage;
                     (C)  construction of structural flood mitigation
  and drainage infrastructure; and
                     (D)  construction and implementation of
  nonstructural projects, including projects that use nature-based
  features to protect, mitigate, or reduce flood risk.
               (3)  "Infrastructure fund" means the flood
  infrastructure fund.
               (4)  "Metropolitan statistical area" means an area so
  designated by the United States Office of Management and Budget.
         Sec. 15.532.  FINDINGS. The legislature finds that:
               (1)  the creation of the infrastructure fund and the
  administration of the fund by the board will encourage the
  development of nonstructural and structural flood mitigation in the
  state;
               (2)  the use of the infrastructure fund is in
  furtherance of the public purpose of mitigating the effects of
  flooding in the state; and
               (3)  the use of the infrastructure fund for the
  purposes provided by this subchapter is for the benefit of both the
  state and the political subdivisions to which the board makes
  financial assistance available in accordance with this subchapter
  and constitutes a program under Sections 49-d-3 and 52-a, Article
  III, Texas Constitution.
         Sec. 15.533.  FLOOD INFRASTRUCTURE FUND. (a)  The flood
  infrastructure fund is a special fund in the state treasury outside
  the general revenue fund.
         (b)  The infrastructure fund may be used by the board,
  without further legislative appropriation, only as provided by this
  subchapter.
         (c)  The infrastructure fund consists of:
               (1)  appropriations from the legislature for a purpose
  of the infrastructure fund;
               (2)  proceeds of general obligation bonds issued for a
  purpose of the infrastructure fund;
               (3)  any fees or other sources of revenue that the
  legislature dedicates for deposit to the infrastructure fund;
               (4)  repayments of loans made from the infrastructure
  fund;
               (5)  interest earned on money credited to the
  infrastructure fund;
               (6)  depository interest allocable to the
  infrastructure fund;
               (7)  money from gifts, grants, or donations to the
  infrastructure fund; and
               (8)  money from revenue bonds or other sources
  designated by the board for deposit to the infrastructure fund.
         Sec. 15.534.  USE OF INFRASTRUCTURE FUND. (a)  The board
  may use the infrastructure fund only:
               (1)  to make a loan to an eligible political
  subdivision at or below market interest rates for a flood project;
               (2)  to make a grant or loan at or below market interest
  rates to an eligible political subdivision for a flood project to
  serve an area outside of a metropolitan statistical area in order to
  ensure that the flood project is implemented;
               (3)  to make a loan at or below market interest rates
  for planning and design costs, permitting costs, and other costs
  associated with state or federal regulatory activities with respect
  to a flood project;
               (4)  to make a grant to an eligible political
  subdivision to provide matching funds to enable the eligible
  political subdivision to participate in a federal program for a
  flood project;
               (5)  to make a grant to an eligible political
  subdivision for a flood project if the board determines that the
  eligible political subdivision does not have the ability to repay a
  loan;
               (6)  as a source of revenue or security for the payment
  of principal and interest on bonds issued by the board if the
  proceeds of the sale of the bonds will be deposited in the
  infrastructure fund;
               (7)  to pay the necessary and reasonable expenses of
  the board in administering the infrastructure fund; and
               (8)  to make transfers to the research and planning
  fund created under Section 15.402 of this chapter.
         (b)  Principal and interest payments on loans made under
  Subsection (a)(3) may be deferred for not more than 10 years or
  until construction of the flood project is completed, whichever is
  earlier.
         Sec. 15.535.  APPLICATION REQUIREMENTS. (a)  Except as
  provided by Subsection (c), an eligible political subdivision
  applying for financial assistance under this subchapter for a
  proposed flood project must demonstrate in the application that:
               (1)  the eligible political subdivision has acted
  cooperatively with other political subdivisions to address flood
  control needs in the area in which the eligible political
  subdivisions are located;
               (2)  all eligible political subdivisions substantially
  affected by the proposed flood project have participated in the
  process of developing the proposed flood project;
               (3)  the eligible political subdivisions, separately
  or in cooperation, have held public meetings to accept comment on
  proposed flood projects from interested parties; and
               (4)  the technical requirements for the proposed flood
  project have been completed and compared against any other
  potential flood projects in the same area.
         (b)  The application must include an analysis of whether the
  proposed flood project could use floodwater capture techniques for
  water supply purposes, including floodwater harvesting, detention
  or retention basins, or other methods of capturing storm flow or
  unappropriated flood flow.
         (c)  An eligible political subdivision applying for
  assistance under Section 15.534(a)(3) is not required to make the
  demonstration described by Subsection (a)(4) of this section.
         Sec. 15.536.  APPROVAL OF APPLICATIONS. On review and
  recommendation by the executive administrator, the board may
  approve an application only if the board finds that:
               (1)  the application and the assistance applied for
  meet the requirements of this subchapter and board rules;
               (2)  the application demonstrates a sufficient level of
  cooperation among eligible political subdivisions and includes all
  of the eligible political subdivisions substantially affected by
  the flood project; and
               (3)  the taxes or other revenue, or both the taxes and
  other revenue, pledged by the applicant will be sufficient to meet
  all the obligations assumed by the eligible political subdivision.
         Sec. 15.537.  RULES. The board shall adopt rules necessary
  to carry out this subchapter, including rules:
               (1)  that establish procedures for an application for
  and for the award of financial assistance;
               (2)  for the investment of money; and
               (3)  for the administration of the infrastructure fund.
         Sec. 15.538.  INFORMATION CLEARINGHOUSE. The board shall
  act as a clearinghouse for information about state and federal
  flood planning, mitigation, and control programs that may serve as
  a source of funding for flood projects.
         Sec. 15.539.  LIABILITY. Participation in cooperative flood
  planning to obtain money under this subchapter does not subject the
  state or an eligible political subdivision to civil liability in
  regard to a flood project.
         Sec. 15.540.  ADVISORY COMMITTEE. (a)  In this section,
  "advisory committee" means the State Water Implementation Fund for
  Texas Advisory Committee described by Section 15.438.
         (b)  The advisory committee shall:
               (1)  review the overall operation, function, and
  structure of the infrastructure fund at least semiannually and may
  provide comments and recommendations to the board on any matter;
  and
               (2)  make recommendations to the board regarding
  information on the infrastructure fund to be posted on the board's
  Internet website.
         (c)  The advisory committee may:
               (1)  submit comments and recommendations to the board
  regarding the use of money in the infrastructure fund and for use by
  the board in adopting rules; and
               (2)  adopt rules, procedures, and policies as needed to
  administer this section and implement its responsibilities.
         SECTION 2.02.  Subchapter H, Chapter 49, Water Code, is
  amended by adding Section 49.239 to read as follows:
         Sec. 49.239.  COOPERATIVE FLOOD CONTROL.  A district,
  including a river authority, may participate in cooperative flood
  control planning for the purpose of obtaining financial assistance
  as an eligible political subdivision for a flood control project
  under Subchapter I, Chapter 15.
         SECTION 2.03.  Contingent on legislation of the 86th
  Legislature, Regular Session, 2019, that requires the creation of a
  state flood plan passing and becoming law, on the date that the
  Texas Water Development Board adopts the initial state flood plan
  in accordance with that law:
               (1)  Section 15.534, Water Code, as added by this Act,
  expires; and
               (2)  Subchapter I, Chapter 15, Water Code, is amended
  by adding Section 15.5341 to read as follows:
         Sec. 15.5341.  USE OF INFRASTRUCTURE FUND. (a)  The board
  may use the infrastructure fund only to provide financing for flood
  projects included in the state flood plan.
         (b)  Money from the infrastructure fund may be awarded to
  several eligible political subdivisions for a single flood project.
  ARTICLE 3.  TEXAS INFRASTRUCTURE RESILIENCY FUND
         SECTION 3.01.  Chapter 16, Water Code, is amended by adding
  Subchapter L to read as follows:
  SUBCHAPTER L. FLOOD PROJECT FUNDING
         Sec. 16.451.  DEFINITIONS. In this subchapter:
               (1)  "Advisory committee" means the Texas
  Infrastructure Resiliency Fund Advisory Committee.
               (2)  "Eligible political subdivision" means a district
  or authority created under Section 52, Article III, or Section 59,
  Article XVI, Texas Constitution, a municipality, or a county.
               (3)  "Flood project" means a drainage, flood
  mitigation, or flood control project, including:
                     (A)  planning and design activities;
                     (B)  work to obtain regulatory approval to provide
  structural and nonstructural flood mitigation and drainage;
                     (C)  construction of structural flood mitigation
  and drainage infrastructure;
                     (D)  nonstructural or natural flood control
  strategies; and
                     (E)  a federally authorized project to deepen a
  ship channel affected by a flooding event.
               (4)  "Resiliency fund" means the Texas infrastructure
  resiliency fund.
         Sec. 16.452.  TEXAS INFRASTRUCTURE RESILIENCY FUND.  
  (a)  The Texas infrastructure resiliency fund is a special fund in
  the state treasury outside the general revenue fund.
         (b)  The resiliency fund shall be administered by the board
  in accordance with this subchapter.
         (c)  The board may invest, reinvest, and direct the
  investment of any available money in the resiliency fund as
  provided by law for the investment of public funds.
         (d)  Investment earnings, interest earned on amounts
  credited to the resiliency fund, and interest earned on loans made
  from the fund shall be deposited to the credit of the fund.
         Sec. 16.453.  FLOODPLAIN MANAGEMENT ACCOUNT.  (a)  The
  floodplain management account is an account of the resiliency fund.
         (b)  The account consists of:
               (1)  money deposited to the credit of the account under
  Section 251.004, Insurance Code;
               (2)  money directly appropriated to the board; and
               (3)  money from gifts or grants from the United States
  government, local or regional governments, private sources, or
  other sources.
         (c)  The board may use the account to provide financing for
  activities related to:
               (1)  the collection and analysis of flood-related
  information;
               (2)  flood planning, protection, mitigation, or
  adaptation;
               (3)  the provision of flood-related information to the
  public through educational or outreach programs; or
               (4)  evaluating the response to and mitigation of flood
  incidents affecting residential property, including multifamily
  units, located in floodplains.
         Sec. 16.454.  HURRICANE HARVEY ACCOUNT. (a)  The Hurricane
  Harvey account is an account in the resiliency fund.
         (b)  The board may use the account only to provide moneys to
  the Texas Division of Emergency Management for the division to
  provide financing for projects related to Hurricane Harvey.  
  Financing under this section includes making a:
               (1)  grant to an eligible political subdivision to
  provide nonfederal matching funds to enable the subdivision to
  participate in a federal program for the participation in or
  development of:
                     (A)  a hazard mitigation project, under
  guidelines issued by the Federal Emergency Management Agency or the
  Texas Division of Emergency Management or the successor in function
  to those entities;
                     (B)  a public assistance project, under
  guidelines issued by the Federal Emergency Management Agency or the
  Texas Division of Emergency Management or the successor in function
  to those entities; or
                     (C)  assistance under guidelines issued by the
  Natural Resources Conservation Service, the United States Economic
  Development Administration, or the United States Department of
  Housing and Urban Development, or the successor in function to
  those entities; and
               (2)  loan to an eligible political subdivision at or
  below market interest rates for the political subdivision's
  planning or design costs, permitting costs, construction costs, or
  other costs associated with state or federal regulatory activities
  with respect to a flood project.
         (c)  A grant or loan awarded under this section may not
  provide more than 75 percent of the portion of the cost of the
  project that is paid with money other than money from a federal
  program.
         (d)  In collaboration with the Texas Division of Emergency
  Management, the board shall establish a point system for
  prioritizing flood projects other than public assistance grants for
  which money from the Hurricane Harvey account is sought. The system
  must include a standard for the board to apply in determining
  whether a flood project qualifies for funding at the time the
  application for funding is filed with the board.
         (e)  The Texas Division of Emergency Management shall give
  the highest consideration in awarding points to a flood project
  that will have a substantial effect, including a flood project
  that:
               (1)  is recommended or approved by the director of the
  Texas Division of Emergency Management or the successor in function
  to that entity; and
               (2)  meets an emergency need in a county where the
  governor has declared a state of disaster.
         (f)  After review and recommendation by the executive
  administrator and with input from the director of the Texas
  Division of Emergency Management or the successor in function to
  that entity, the Texas Division of Emergency Management may approve
  an application for financial assistance under this section only if
  the Texas Division of Emergency Management finds that:
               (1)  the application and assistance applied for meet
  the requirements of this subchapter and Texas Division of Emergency
  Management rules;
               (2)  the application demonstrates a sufficient level of
  cooperation among applicable political subdivisions and includes
  all of the political subdivisions substantially affected by the
  flood project; and
               (3)  the taxes or other revenue, or both the taxes and
  other revenue, pledged by the applicant, if applicable, will be
  sufficient to meet all the obligations assumed by the applicant.
         (g)  Principal and interest payments on loans made under
  Subsection (b)(2) may be deferred for not more than 10 years or
  until construction of the flood project is completed, whichever is
  the shorter period.
         (h)  Money from the account may be awarded to several
  eligible political subdivisions for a single flood project.
         (i)  An eligible political subdivision that receives a grant
  for a flood project also may receive a loan from the account.
         (j)  This section expires September 1, 2031.  The remaining
  balance of the account on that date is transferred to the flood plan
  implementation account.
         Sec. 16.455.  FEDERAL MATCHING ACCOUNT. (a)  The federal
  matching account is an account in the resiliency fund.
         (b)  The board may use the account only to meet matching
  requirements for projects funded partially by federal money,
  including projects funded by the United States Army Corps of
  Engineers.
         (c)  The board may use the account to make a loan to an
  eligible political subdivision below market interest rates and
  under flexible repayment terms, including a line of credit or loan
  obligation with early prepayment terms, to provide financing for
  the local share of a federally authorized ship channel improvement
  project.
         Sec. 16.456.  TEXAS INFRASTRUCTURE RESILIENCY FUND ADVISORY
  COMMITTEE. (a)  The Texas Infrastructure Resiliency Fund Advisory
  Committee is composed of the seven members that serve on the State
  Water Implementation Fund for Texas Advisory Committee described by
  Section 15.438, with the co-presiding officers of that committee
  serving as presiding officers of the advisory committee. The
  director of the Texas Division of Emergency Management or the
  successor in function to that entity serves as a nonvoting member of
  the advisory committee, as an additional duty of the director's
  office.
         (b)  The advisory committee may hold public hearings, formal
  meetings, or work sessions. Either co-presiding officer of the
  advisory committee may call a public hearing, formal meeting, or
  work session of the advisory committee at any time. The advisory
  committee may not take formal action at a public hearing, formal
  meeting, or work session unless a quorum of the committee is
  present.
         (c)  Except as otherwise provided by this subsection, a
  member of the advisory committee is not entitled to receive
  compensation for service on the committee or reimbursement for
  expenses incurred in the performance of official duties as a member
  of the committee. Service on the advisory committee by a member of
  the senate or house of representatives is considered legislative
  service for which the member is entitled to reimbursement and other
  benefits in the same manner and to the same extent as for other
  legislative service.
         (d)  The advisory committee may submit comments and
  recommendations to the board regarding the use of money in the
  resiliency fund and for use by the board in adopting rules.
         (e)  The advisory committee shall review the overall
  operation, function, and structure of the resiliency fund at least
  semiannually and may provide comments and recommendations to the
  board on any matter.
         (f)  The advisory committee may adopt rules, procedures, and
  policies as needed to administer this section and implement its
  responsibilities.
         (g)  The advisory committee shall make recommendations to
  the board regarding information on the resiliency fund to be posted
  on the board's Internet website.
         (h)  The advisory committee may evaluate and may provide
  comments or recommendations on the feasibility of the state owning,
  constructing, operating, and maintaining flood projects, including
  reservoirs and coastal barriers.
         (i)  The board shall provide an annual report to the advisory
  committee on:
               (1)  the board's compliance with statewide annual goals
  relating to historically underutilized businesses; and
               (2)  the participation level of historically
  underutilized businesses in flood projects that receive money from
  the resiliency fund.
         (j)  If the aggregate level of participation by historically
  underutilized businesses in flood projects that receive money from
  the resiliency fund does not meet statewide annual goals adopted
  under Chapter 2161, Government Code, the advisory committee shall
  make recommendations to the board to improve the participation
  level.
         (k)  The board shall supply staff support to the advisory
  committee.
         (l)  Chapter 2110, Government Code, does not apply to the
  size, composition, or duration of the advisory committee.
         Sec. 16.457.  REPORT REQUIRED. (a)  In this section, "state
  agency" means:
               (1)  a department, commission, board, office, or other
  agency in the executive branch of state government created by the
  state constitution or a state statute; and
               (2)  a general academic teaching institution as defined
  by Section 61.003, Education Code.
         (b)  A state agency that uses or disburses federal money for
  flood research, planning, or mitigation projects shall submit a
  report to the board on a quarterly basis.
         (c)  The report must include the following information about
  federal money used or disbursed for flood research, planning, or
  mitigation projects:
               (1)  the original total of federal money received;
               (2)  the amount of the federal money spent or disbursed
  to date; and
               (3)  the eligibility requirements for receiving the
  federal money.
         Sec. 16.458.  APPLICABLE LAW. Subchapter E, Chapter 17,
  applies to financial assistance made available from the resiliency
  fund, except that the board may execute contracts as necessary to
  evidence grant agreements.
         Sec. 16.459.  TRANSPARENCY REQUIREMENTS. The board shall
  post the following information on the board's Internet website
  regarding the use of the resiliency fund and regularly update the
  information posted:
               (1)  the progress made in developing flood projects
  statewide;
               (2)  a description of each flood project that receives
  money from the resiliency fund, including:
                     (A)  the expected date of completion of the flood
  project;
                     (B)  the current status of the flood project;
                     (C)  the proposed benefit of the flood project;
                     (D)  the initial total cost estimate of the flood
  project and variances to the initial cost estimate exceeding five
  percent;
                     (E)  a listing of the eligible political
  subdivisions receiving money from the resiliency fund;
                     (F)  a listing of each political subdivision
  served by each flood project;
                     (G)  an estimate of matching funds that will be
  available for the flood project resulting from the use of the
  resiliency fund; and
                     (H)  the status of repayment of each loan provided
  in connection with a flood project, including an assessment of the
  risk of default based on a standard risk rating system;
               (3)  a description of the point system for prioritizing
  flood projects and the number of points awarded by the board for
  each flood project;
               (4)  any nonconfidential information submitted to the
  board as part of an application for funding under this subchapter
  that is approved by the board;
               (5)  the administrative and operating expenses
  incurred by the board in administering the resiliency fund; and
               (6)  any other information required by board rule.
         Sec. 16.460.  RULES. The board shall adopt rules necessary
  to carry out this subchapter, including rules:
               (1)  that establish procedures for an application for
  and for the award of financial assistance;
               (2)  that establish the prioritization system for flood
  projects that receive money from the resiliency fund;
               (3)  for the repayment of a loan from the resiliency
  fund; and
               (4)  for the administration of the resiliency fund.
         SECTION 3.02.  Section 251.004(b), Insurance Code, is
  amended to read as follows:
         (b)  Each state fiscal year, the comptroller shall
  reallocate to the floodplain management account established under
  Section 16.453 [16.3161], Water Code, the first $3.05 million of
  the maintenance taxes collected under Chapter 252 and deposited in
  the general revenue fund.
         SECTION 3.03.  Section 16.3161, Water Code, is repealed.
         SECTION 3.04.  On the effective date of this Act, the
  Floodplain Management Account No. 0330 is transferred to the Texas
  infrastructure resiliency fund as an account of that fund and the
  balance of the Floodplain Management Account No. 0330 is
  transferred to the floodplain management account of the Texas
  infrastructure resiliency fund.
         SECTION 3.05.  (a)  Not later than the 90th day after the
  effective date of this Act, the Texas Infrastructure Resiliency
  Fund Advisory Committee shall submit recommendations to the Texas
  Water Development Board on the rules to be adopted by the board
  under Section 16.460, Water Code, as added by this Act.
         (b)  Not later than the 90th day after the date the Texas
  Water Development Board receives the recommendations described by
  Subsection (a) of this section, the board shall adopt rules under
  Section 16.460, Water Code, as added by this Act.
         SECTION 3.06.  Contingent on legislation of the 86th
  Legislature, Regular Session, 2019, that requires the creation of a
  state flood plan passing and becoming law, on the date that the
  Texas Water Development Board adopts the initial state flood plan
  in accordance with that law, Subchapter L, Chapter 16, Water Code,
  as added by this Act, is amended by adding Section 16.4545 to read
  as follows:
         Sec. 16.4545.  FLOOD PLAN IMPLEMENTATION ACCOUNT. (a)  The
  flood plan implementation account is an account in the resiliency
  fund.
         (b)  The board may use the account only to provide financing
  for projects included in the state flood plan.
         (c)  Money from the account may be awarded to several
  eligible political subdivisions for a single flood project.
  ARTICLE 4.  REVENUE BONDS
         SECTION 4.01.  Section 17.852(5), Water Code, is amended to
  read as follows:
               (5)  "Project" includes water supply projects,
  treatment works, and flood [control] projects, as defined by
  Section 15.531 or 16.451.
         SECTION 4.02.  Section 17.853(c), Water Code, is amended to
  read as follows:
         (c)  The board may use the fund only:
               (1)  to provide state matching funds for federal funds
  provided to the state water pollution control revolving fund or to
  any additional state revolving fund created under Subchapter J,
  Chapter 15;
               (2)  to provide financial assistance from the proceeds
  of taxable bond issues to water supply corporations organized under
  Chapter 67, and other participants;
               (3)  to provide financial assistance to participants
  for the construction of water supply projects and treatment works;
               (4)  to provide financial assistance for an interim
  construction period to participants for projects for which the
  board will provide long-term financing through the water
  development fund;
               (5)  to provide financial assistance for water supply
  and sewer service projects in economically distressed areas as
  provided by Subchapter K, Chapter 17, to the extent the board can
  make that assistance without adversely affecting the current or
  future integrity of the fund or of any other financial assistance
  program of the board;
               (6)  to provide funds to the water infrastructure fund
  created under Section 15.973; [and]
               (7)  to provide funds to the state water implementation
  revenue fund for Texas;
               (8)  to provide funds to the flood infrastructure fund
  created under Section 15.533; and
               (9)  to provide funds to the Texas infrastructure
  resiliency fund created under Section 16.452.
  ARTICLE 5.  EFFECTIVE DATE
         SECTION 5.01.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect immediately if it receives a
  vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
         (b)  Article 2 of this Act takes effect January 1, 2020, but
  only if the constitutional amendment proposed by the 86th
  Legislature, Regular Session, 2019, authorizing the legislature to
  provide for the creation of the flood infrastructure fund to assist
  in the financing of drainage, flood mitigation, and flood control
  projects is approved by the voters. If that amendment is not
  approved by the voters, Article 2 has no effect.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 7 passed the Senate on
  March 20, 2019, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on May 22, 2019, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 7 passed the House, with
  amendments, on May 16, 2019, by the following vote: Yeas 143,
  Nays 1, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor