H.B. No. 4737

	AN ACT
	relating to the creation of the Lake Texoma Municipal Utility
	District No. 1; providing authority to impose a tax or assessment
	and issue bonds; granting a limited power of eminent domain.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle F, Title 6, Special District Local Laws
	Code, is amended by adding Chapter 8359 to read as follows:
	CHAPTER 8359.  LAKE TEXOMA MUNICIPAL UTILITY DISTRICT NO. 1
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 8359.001.  DEFINITIONS.  In this chapter:
	(1)  "Board" means the district's board of directors.
	(2)  "Director" means a board member.
	(3)  "District" means the Lake Texoma Municipal Utility
	District No. 1.
	Sec. 8359.002.  NATURE OF DISTRICT.  The district is a
	municipal utility district created under Section 59, Article XVI,
	Texas Constitution.
	Sec. 8359.003.  CONFIRMATION AND DIRECTORS' ELECTION
	REQUIRED.  (a)  The temporary directors shall hold an election to
	confirm the creation of the district and to elect five permanent
	directors as provided by Section 49.102, Water Code.
	(b)  The temporary directors of any new district created
	under Section 8359.108 may not hold an election under Subsection
	(a) until the earlier of:
	(1)  the date the land in the new district has been
	annexed by the City of Denison; or
	(2)  not later than the 180th day after the date the
	City of Denison receives a written petition from a landowner
	requesting annexation that the city does not grant.
	(c)  The petition described by Subsection (b) must:
	(1)  request annexation of land that is contiguous with
	a boundary of the City of Denison;
	(2)  include all the land in the new district;
	(3)  include land covered by the development agreement
	executed under Section 8359.004;
	(4)  include the landowner's consent to abide by the
	comprehensive land use plan and development regulations as defined
	in the development agreement; and
	(5)  if the development agreement for the land included
	in the new district expires before a new district is created under
	Section 8359.108, include the landowner's consent to reinstate the
	comprehensive land use plan and development regulations defined in
	the expired development agreement.
	Sec. 8359.004.  DEVELOPMENT AGREEMENT REQUIRED. The
	temporary directors may not hold an election under Section 8359.003
	until the City of Denison and the owners of the land to be covered by
	a development agreement that covers all or part of the land in the
	district enter into the development agreement under Chapter 212,
	Local Government Code.
	Sec. 8359.005.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
	The district is created to serve a public purpose and benefit.
	(b)  All land and other property included in the district
	will benefit from the improvements and services to be provided by
	the district under powers conferred by Section 52, Article III, and
	Section 59, Article XVI, Texas Constitution, and under this
	chapter.
	(c)  The district is created to accomplish the purposes of:
	(1)  a municipal utility district as provided by
	general law and Section 59, Article XVI, Texas Constitution; and
	(2)  Section 52, Article III, Texas Constitution, that
	relate to the construction, acquisition, improvement, operation,
	or maintenance of macadamized, graveled, or paved roads, or
	improvements, including storm drainage, in aid of those roads.
	Sec. 8359.006.  INITIAL DISTRICT TERRITORY.  (a)  The
	district is initially composed of the territory described by
	Section 2 of the Act creating this chapter.
	(b)  The boundaries and field notes contained in Section 2 of
	the Act creating this chapter form a closure.  A mistake made in the
	field notes or in copying the field notes in the legislative process
	does not affect the district's:
	(1)  organization, existence, or validity;
	(2)  right to issue any type of bond for the purposes
	for which the district is created or to pay the principal of and
	interest on a bond;
	(3)  right to impose a tax or assessment; or
	(4)  legality or operation.
	Sec. 8359.007.  ELIGIBILITY FOR INCLUSION IN TAX INCREMENT
	REINVESTMENT ZONE.  (a)  All or any part of the district is eligible
	to be included in a tax increment reinvestment zone created under
	Chapter 311, Tax Code.
	(b)  If the City of Denison creates a tax increment
	reinvestment zone described by Subsection (a) that includes all or
	part of the territory of the district, the City of Denison and the
	board of directors of the zone, by contract with the district, may
	grant money to the district to be used for a permissible purpose of
	a corporation under Section 380.002(b), Local Government Code,
	including the right to pledge the money as security for a bond
	issued by the district.
	[Sections 8359.008-8359.050 reserved for expansion]
	SUBCHAPTER B.  BOARD OF DIRECTORS
	Sec. 8359.051.  GOVERNING BODY; TERMS.  (a)  The district is
	governed by a board of five elected directors.
	(b)  Except as provided by Section 8359.052, directors serve
	staggered four-year terms.
	Sec. 8359.052.  TEMPORARY DIRECTORS.  (a)  The temporary
	board consists of:
	(1)  Ben Munson;
	(2)  Gifford Jackson;
	(3)  Robert Vaughn;
	(4)  Denice Lucas; and
	(5)  Patrick O'Toole.
	(b)  Temporary directors serve until the earlier of:
	(1)  the date permanent directors are elected under
	Section 8359.003; or
	(2)  September 1, 2013.
	(c)  If permanent directors have not been elected under
	Section 8359.003 and the terms of the temporary directors have
	expired, successor temporary directors shall be appointed or
	reappointed as provided by Subsection (d) to serve terms that
	expire on the earlier of:
	(1)  the date permanent directors are elected under
	Section 8359.003; or
	(2)  the fourth anniversary of the date of the
	appointment or reappointment.
	(d)  If Subsection (c) applies, the owner or owners of a
	majority of the assessed value of the real property in the district
	may submit a petition to the Texas Commission on Environmental
	Quality requesting that the commission appoint as successor
	temporary directors the five persons named in the petition.  The
	commission shall appoint as successor temporary directors the five
	persons named in the petition.
	[Sections 8359.053-8359.100 reserved for expansion]
	SUBCHAPTER C.  POWERS AND DUTIES
	Sec. 8359.101.  GENERAL POWERS AND DUTIES.  The district has
	the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 8359.102.  MUNICIPAL UTILITY DISTRICT POWERS AND
	DUTIES.  The district has the powers and duties provided by the
	general law of this state, including Chapters 49 and 54, Water Code,
	applicable to municipal utility districts created under Section 59,
	Article XVI, Texas Constitution.
	Sec. 8359.103.  AUTHORITY FOR ROAD PROJECTS. Under Section
	52, Article III, Texas Constitution, the district may design,
	acquire, construct, finance, issue bonds for, improve, operate,
	maintain, and convey to this state, a county, or a municipality for
	operation and maintenance macadamized, graveled, or paved roads, or
	improvements, including storm drainage, in aid of those roads.
	Sec. 8359.104.  ROAD STANDARDS AND REQUIREMENTS.  (a)  A road
	project must meet all applicable construction standards, zoning and
	subdivision requirements, and regulations of each municipality in
	whose corporate limits or extraterritorial jurisdiction the road
	project is located.
	(b)  If a road project is not located in the corporate limits
	or extraterritorial jurisdiction of a municipality, the road
	project must meet all applicable construction standards,
	subdivision requirements, and regulations of each county in which
	the road project is located.
	(c)  If the state will maintain and operate the road, the
	Texas Transportation Commission must approve the plans and
	specifications of the road project.
	Sec. 8359.105.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
	OR RESOLUTION.  (a)  The district shall comply with all applicable
	requirements of an ordinance or resolution adopted by the City of
	Denison in accordance with Section 54.016 or 54.0165, Water Code,
	that consents to the creation of the district or to the inclusion of
	land in the district.  The ordinance or resolution of the City of
	Denison consenting to the creation of the district may limit the
	amount of the district's bonds and tax rate.
	(b)  The ordinance or resolution of the City of Denison
	consenting to the inclusion of additional land in the district may
	be conditioned on the additional land being covered by the
	development agreement executed under Section 8359.004.
	(c)  The consent ordinance or resolution of the City of
	Denison may not impose a restriction or condition not expressly
	provided under Section 54.016(f), Water Code, on a new district
	created under Section 8359.108 or on the inclusion of land in the
	new district. A restriction or condition on the creation of a new
	district under Section 8359.108 or the inclusion of land in a new
	district may not:
	(1)  limit the amount of the new district's bonds or tax
	rate; or
	(2)  restrict the purposes authorized by this chapter
	for which the new district may issue bonds.
	Sec. 8359.106.  ANNEXATION.  (a)  Before the district holds
	an election under Section 8359.003, the district may annex:
	(1)  without the consent of the City of Denison, land
	previously owned by the United States Army Corps of Engineers; or
	(2)  in accordance with Section 54.016, Water Code,
	land located in the extraterritorial jurisdiction or corporate
	limits of the City of Denison if the City of Denison has consented
	by ordinance or resolution to the annexation.
	(b)  The district may not annex land located outside the
	corporate limits and extraterritorial jurisdiction of the City of
	Denison.
	Sec. 8359.107.  EFFECT OF ANNEXATION BY CITY OF DENISON. (a)
	The City of Denison may annex part of the district into its
	corporate limits without annexing the entire district under the
	terms of a development agreement executed under Section 8359.004
	between the City of Denison and the owners of the land in the
	district that is covered by the development agreement. If a
	development agreement is not executed under Section 8359.004 or the
	agreement has expired, nothing in this chapter limits the right of
	the City of Denison to annex the district.
	(b)  If the City of Denison annexes all or part of the
	district into its corporate limits:
	(1)  the district is not dissolved;
	(2)  the ability of the district to issue bonds is not
	impaired or precluded; and
	(3)  unless otherwise approved by the board and the
	governing body of the City of Denison, the city:
	(A)  may not take over the property or other
	assets of the district;
	(B)  may not assume any debts, liabilities, or
	other obligations of the district;
	(C)  is not obligated to perform any functions of
	the district; and
	(D)  is not obligated to pay a landowner or
	developer for expenses incurred by the landowner or developer in
	connection with the district that would otherwise be eligible for
	reimbursement from the proceeds of bonds issued by the district.
	(c)  Notwithstanding Section 54.016(f)(2), Water Code, an
	allocation agreement between the City of Denison and the district
	that provides for the allocation of the taxes or revenues of the
	district and the city following the date of inclusion of all the
	district's territory in the corporate limits of the city may
	provide that the total annual ad valorem taxes collected by the city
	and the district from taxable property in the district may exceed
	the city's ad valorem tax on that property.
	Sec. 8359.108.  DIVISION OF DISTRICT. (a) The district may
	be divided into two or more new districts only if the district:
	(1)  has no outstanding bonded debt; and
	(2)  is not imposing ad valorem taxes.
	(b)  This chapter applies to any new district created by the
	division of the district, and a new district has all the powers and
	duties of the district.
	(c)  Any new district created by the division of the district
	may, at the time the new district is created, contain only:
	(1)  land within the area described by Section 2 of the
	Act creating this chapter;
	(2)  any land previously owned by the United States
	Army Corps of Engineers; and
	(3)  any land adjacent to the area described by Section
	2 of the Act creating this chapter if that adjacent land is within
	the extraterritorial jurisdiction of the City of Denison and if
	that adjacent land has been approved for inclusion in the district
	under the consent ordinance or resolution adopted by the City of
	Denison under Section 8359.105.
	(d)  The board, on its own motion or on receipt of a petition
	signed by the owner or owners of a majority of the assessed value of
	the real property in the district, may adopt an order dividing the
	district.
	(e)  The board may adopt an order dividing the district only
	after the date the board holds an election under Section 8359.003 to
	confirm the district's creation.
	(f)  An order dividing the district must:
	(1)  name each new district;
	(2)  include the metes and bounds description of the
	territory of each new district;
	(3)  appoint temporary directors for each new district;
	and
	(4)  provide for the division of assets and liabilities
	between or among the new districts.
	(g)  On or before the 30th day after the date of adoption of
	an order dividing the district, the district shall file the order
	with the Texas Commission on Environmental Quality and record the
	order in the real property records of each county in which the
	district is located.
	(h)  Any new district created by the division of the district
	shall hold a confirmation and directors' election as required by
	Section 8359.003.
	(i)  Municipal consent by the City of Denison is not required
	for the creation of any new district created under this section.
	(j)  Any new district created by the division of the district
	must hold an election as required by this chapter to obtain voter
	approval before the district may impose a maintenance tax or issue
	bonds payable wholly or partly from ad valorem taxes.
	(k)  If the voters of a new district do not confirm the
	creation of the new district, the assets, obligations, territory,
	and governance of the new district revert to that of the original
	district.
	Sec. 8359.109.  DISSOLUTION OF DISTRICT. The district may
	be dissolved by ordinance or resolution of the governing body of the
	City of Denison  after the date on which at least 95 percent of the
	infrastructure authorized by this chapter and the Water Code to
	serve full development in the district has been completed. On
	dissolution, the City of Denison shall:
	(1)  take over the property and other assets of the
	district;
	(2)  assume all debts, liabilities, or other
	obligations of the district;
	(3)  perform the functions of the district; and
	(4)  pay any landowner or developer for costs and
	expenses incurred by the landowner or developer in connection with
	the district that would otherwise be eligible for reimbursement
	from the proceeds of bonds issued by the district.
	Sec. 8359.110. LIMITATION ON USE OF EMINENT DOMAIN. The
	district may not exercise the power of eminent domain outside the
	district to acquire a site or easement for:
	(1)  a road project authorized by Section 8359.103; or
	(2)  a recreational facility as defined by Section
	49.462, Water Code.
	[Sections 8359.111-8359.150 reserved for expansion]
	SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
	Sec. 8359.151.  ELECTIONS REGARDING TAXES OR BONDS. (a) The
	district may issue, without an election, bonds and other
	obligations secured by:
	(1)  revenue other than ad valorem taxes; or
	(2)  contract payments described by Section 8359.153.
	(b)  The district must hold an election in the manner
	provided by Chapters 49 and 54, Water Code, to obtain voter approval
	before the district may impose an ad valorem tax or issue bonds
	payable from ad valorem taxes.
	(c)  The district may not issue bonds payable from ad valorem
	taxes to finance a road project unless the issuance is approved by a
	vote of a two-thirds majority of the district voters voting at an
	election held for that purpose.
	Sec. 8359.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
	authorized at an election held under Section 8359.151, the district
	may impose an operation and maintenance tax on taxable property in
	the district in accordance with Section 49.107, Water Code.
	(b)  The board shall determine the tax rate.  The rate may not
	exceed the rate approved at the election.
	Sec. 8359.153.  CONTRACT TAXES.  (a)  In accordance with
	Section 49.108, Water Code, the district may impose a tax other than
	an operation and maintenance tax and use the revenue derived from
	the tax to make payments under a contract after the provisions of
	the contract have been approved by a majority of the district voters
	voting at an election held for that purpose.
	(b)  A contract approved by the district voters may contain a
	provision stating that the contract may be modified or amended by
	the board without further voter approval.
	[Sections 8359.154-8359.200 reserved for expansion]
	SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
	Sec. 8359.201.  AUTHORITY TO ISSUE BONDS AND OTHER
	OBLIGATIONS.  The district may issue bonds or other obligations
	payable wholly or partly from ad valorem taxes, impact fees,
	revenue, contract payments, grants, or other district money,
	revenue from a tax increment reinvestment zone created under
	Chapter 311, Tax Code, revenue from economic development agreements
	under Chapter 380, Local Government Code, or any combination of
	those sources, to pay for any authorized district purpose.
	Sec. 8359.202.  TAXES FOR BONDS.  At the time the district
	issues bonds payable wholly or partly from ad valorem taxes, the
	board shall provide for the annual imposition of a continuing
	direct ad valorem tax, without limit as to rate or amount, while all
	or part of the bonds are outstanding as required and in the manner
	provided by Sections 54.601 and 54.602, Water Code.
	Sec. 8359.203.  BONDS FOR ROAD PROJECTS. At the time of
	issuance, the total principal amount of bonds or other obligations
	issued or incurred to finance road projects and payable from ad
	valorem taxes may not exceed one-fourth of the assessed value of the
	real property in the district.
	SECTION 2.  The Lake Texoma Municipal Utility District No. 1
	initially includes all the territory contained in the following
	area:
	Situated in the County of Grayson, State of Texas, being a
	part of the Stephen Cox Survey, Abstract No. 299, the H. K. Needham
	Survey, Abstract No. 1520, the Sarah Hall Survey, Abstract No.
	1485, the Levi T. Loveall Survey, Abstract No. 746, the Bledsoe
	Holder Survey, Abstract No. 614, the William J. Reeves Survey,
	Abstract No. 1018, the Thomas M. Reeves Survey, Abstract No. 1017,
	the William Bean Survey, Abstract No. 84, the Greenberry Gates
	Survey, Abstract No. 443, the Jacob Wilcox Survey, Abstract No.
	1358, the Polly Stamps Survey, Abstract No. 1098, the Joshua West
	Survey, Abstract No. 1316, and being all of the J. C. Jamison
	Survey, Abstract No. 665, the T. E. Jones Survey, Abstract No. 55,
	the R. J. Lefever Survey, Abstract No. 753, the Mary E. Bowe Survey,
	Abstract No. 181, the Charles F. Daugherty Survey, Abstract No.
	1566, the H. B. Thomas Survey, Abstract No. 1572, and the Juan
	Armendaris Survey, Abstract No. 40, and being various tracts of
	land conveyed in various interests to Preston Harbour, L.P., Jack
	Schuler, Farmington Estates, Ltd., Forest Grove Land Company,
	L.L.C., and Preston Harbour Homeplace by descriptions in deed
	recorded in Volume 3449, Page 257, Volume 3599, Page 455, Volume
	4323, Page 875, Volume 4323, Page 881, Volume 3295, Page 526, Volume
	3276, Page 526, Volume 3944, Pages 609 and 615, Volume 3276, Page
	398, Volume 4323, Page 888, Volume 3718, Page 878, Volume 4323, Page
	895, and Volume 3941, Page 871, all of the Official Public Records,
	Grayson County, Texas, and being described as follows:
	Beginning at a point for the most Southerly Southeast corner
	of the herein described tract the intersection of the East line of
	the said Cox Survey with the North right-of-way line of F.M. Highway
	No. 406;
	Thence Westerly with said North right-of-way line as follows:
	North 44°00'30" West, a distance of 76.92 feet;
	Northwesterly with a curve to the left having a radius of
	1,517.39 feet (chord bears North 57°12'58" West, 449.54 feet) an arc
	distance of 451.20 feet;
	North 01°57'58" East, a distance of 20.01 feet;
	North 87°10'26" West, a distance of 53.63 feet;
	Westerly with a non-tangent curve to the left having a radius
	of 1,517.39 feet (chord bears North 77°32'28" West, 507.89 feet) an
	arc distance of 510.29 feet;
	North 87°34'14" West, a distance of 724.69 feet;
	North 87°42'32" West, a distance of 215.02 feet;
	North 88°14'34" West, a distance of 199.86 feet;
	North 75°33'45" West, a distance of 205.00 feet;
	North 88°14'34" West, a distance of 200.00 feet;
	South 84°37'56" West, a distance of 201.56 feet;
	North 88°14'34" West, a distance of 338.31 feet;
	North 87°02'49" West, a distance of 314.69 feet;
	North 77°52'42" West, a distance of 41.24 feet to the
	intersection of said North right-of-way line with the East line of
	the USA property embracing City of Denison;
	Thence with the USA boundary as follows:
	North 00°04'03" East, a distance of 1,381.78 feet;
	North 89°53'11" West, a distance of 650.19 feet;
	North 00°07'13" East, a distance of 1,949.53 feet;
	South 89°51'06" East, a distance of 840.00 feet;
	North 00°03'31" East, a distance of 850.00 feet;
	North 89°57'20" West, a distance of 500.00 feet;
	North 00°00'29" East, a distance of 1,057.78 feet;
	North 00°00'44" West, a distance of 1,530.00 feet;
	North 89°59'16" East, a distance of 800.00 feet;
	North 00°00'44" West, a distance of 1,099.40 feet;
	South 87°26'08" East, a distance of 4,441.44 feet;
	North 01°25'48" East, a distance of 1,465.32 feet;
	North 87°08'00" West, a distance of 2,370.30 feet;
	North 10°19'33" East, a distance of 1,184.67 feet;
	North 86°06'49" West, a distance of 1,106.58 feet;
	North 02°02'54" East, a distance of 969.85 feet;
	North 86°15'15" West, a distance of 425.41 feet;
	North 03°32'53" East, a distance of 1,251.67 feet;
	North 88°27'30" East, a distance of 2,465.83 feet
	North 01°45'27" East, a distance of 1,293.09 feet;
	South 87°21'00" East, a distance of 125.56 feet;
	North 00°00'56" East, a distance of 788.69 feet;
	North 89°58'45" West, a distance of 1,280.23 feet;
	North 00°01'20" East, a distance of 1,029.44 feet;
	South 89°56'44" West, a distance of 537.47 feet;
	North 07°13'40" East, a distance of 355.69 feet;
	North 89°52'44" West, a distance of 463.09 feet;
	North 00°07'06" East, a distance of 850.09 feet;
	South 89°54'25" East, a distance of 821.95 feet;
	North 00°03'52" West, a distance of 872.97 feet;
	North 89°59'31" East, a distance of 750.35 feet;
	South 00°14'40" East, a distance of 1,000.21 feet;
	North 89°55'46" East, a distance of 980.28 feet;
	North 00°12'25" West, a distance of 1,450.28 feet;
	South 89°50'21" East, a distance of 515.07 feet;
	North 00°04'55" East, a distance of 449.79 feet;
	North 89°56'16" East, a distance of 694.55 feet;
	South 03°06'32" West, a distance of 3,023.73 feet;
	South 87°37'57" East, a distance of 1,030.28 feet;
	South 03°04'54" West, a distance of 920.08 feet;
	South 87°38'30" East, a distance of 86.17 feet;
	South 02°59'45" West, a distance of 411.56 feet;
	Thence South 87°01'15" East, passing a USA property corner,
	departing said USA boundary and continuing for a total distance of
	512.48 feet;
	Thence South 01°34'09" West, a distance of 49.43 feet;
	Thence South 10°45'31" East, a distance of 64.75 feet;
	Thence North 46°17'19" East, a distance of 86.01 feet;
	Thence North 43°42'41" West, a distance of 23.21 feet;
	Thence North 01°31'40" East, a distance of 33.82 feet;
	Thence South 87°01'15" East, a distance of 939.51 feet to a
	corner in the West right-of-way line of State Highway No. 84;
	Thence in Southerly direction with said West right-of-way
	line and a non-tangent curve to the right having a radius of
	5,679.58 feet (chord bears South 01°50'38" East, 179.72 feet) an arc
	distance of 179.73 feet;
	Thence South 00°56'14" East, a distance of 2,744.58 feet to
	the intersection of said West right-of-way line with the North line
	of a 30 foot wide strip of land;
	Thence with the boundary of said strip of land as follows:
	South 78°43'18" West, a distance of 476.49 feet;
	North 08°55'55" West, a distance of 184.27 feet;
	North 87°59'26" West, a distance of 768.80 feet;
	South 02°52'06" West, a distance of 30.00 feet;
	South 87°59'26" East, a distance of 744.49 feet;
	South 08°55'55" East, a distance of 190.77 feet;
	North 78°43'18" East, a distance of 502.27 feet to the
	intersection of the South line of said strip of land with the said
	West right-of-way line of Highway No. 84;
	Thence continuing with said West right-of-way line as
	follows:
	South 00°56'14" East, a distance of 429.67 feet;
	Southerly with a curve to the left having a radius of 2,914.79
	feet (chord bears South 08°27'14" East, 762.59 feet), an arc
	distance of 764.79 feet;
	South 15°58'14" East, a distance of 3,853.45 feet;
	Thence departing said West right-of-way line and continuing
	as follows:
	South 01°12'38" West, a distance of 499.66 feet;
	North 87°44'23" West, a distance of 2,445.14 feet;
	South 01°58'12" West, a distance of 1,215.19 feet;
	South 01°35'30" West, a distance of 1,643.46 feet;
	South 01°46'06" West, a distance of 2,228.41 feet;
	North 88°02'55" West, a distance of 3,103.33 feet;
	South 01°42'59" West, a distance of 1,738.89 feet to the Point
	of Beginning and containing approximately 2,272.6 acres of land.
	SECTION 3.  (a)  The legal notice of the intention to
	introduce this Act, setting forth the general substance of this
	Act, has been published as provided by law, and the notice and a
	copy of this Act have been furnished to all persons, agencies,
	officials, or entities to which they are required to be furnished
	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
	Government Code.
	(b)  The governor, one of the required recipients, has
	submitted the notice and Act to the Texas Commission on
	Environmental Quality.
	(c)  The Texas Commission on Environmental Quality has filed
	its recommendations relating to this Act with the governor, the
	lieutenant governor, and the speaker of the house of
	representatives within the required time.
	(d)  All requirements of the constitution and laws of this
	state and the rules and procedures of the legislature with respect
	to the notice, introduction, and passage of this Act are fulfilled
	and accomplished.
	SECTION 4.  This Act takes effect September 1, 2009.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 4737 was passed by the House on May
	15, 2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 4737 was passed by the Senate on May
	27, 2009, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor