Bill Text: TX SB1878 | 2013-2014 | 83rd Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of Highway 380 Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-06-14 - Effective immediately [SB1878 Detail]

Download: Texas-2013-SB1878-Comm_Sub.html

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By: Estes S.B. No. 1878
(Fallon)

A BILL TO BE ENTITLED
AN ACT
relating to the creation of Highway 380 Municipal Management
District No. 1; providing authority to issue bonds; providing
authority to impose assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3920 to read as follows:
CHAPTER 3920. HIGHWAY 380 MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3920.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the Town of Little Elm.
(3) "County" means Denton County.
(4) "Director" means a board member.
(5) "District" means the Highway 380 Municipal
Management District No. 1.
Sec. 3920.002. NATURE OF DISTRICT. The Highway 380
Municipal Management District No. 1 is a special district created
under Section 59, Article XVI, Texas Constitution.
Sec. 3920.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the city, the
county, and other political subdivisions to contract with the
district, the legislature has established a program to accomplish
the public purposes set out in Section 52-a, Article III, Texas
Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city or the county from providing the
level of services provided as of the effective date of the Act
enacting this chapter to the area in the district. The district is
created to supplement and not to supplant city or county services
provided in the district.
Sec. 3920.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use 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 Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3920.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake 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 bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3920.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
Sec. 3920.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3920.008. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3920.051. GOVERNING BODY; TERMS. The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring
June 1 of each odd-numbered year.
Sec. 3920.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
Commission on Environmental Quality shall appoint voting directors
from persons recommended by the board.
Sec. 3920.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3920.054. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. 3920.055. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
Sec. 3920.056. INITIAL VOTING DIRECTORS. (a) On or after
the effective date of the Act creating this chapter, the owner or
owners of a majority of the assessed value of the real property in
the district according to the most recent certified tax appraisal
roll for the county may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
initial voting directors the five persons named in the petition.
The commission shall appoint the five persons named in the petition
as initial directors by position.
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2015, and
the terms of directors appointed for positions four and five expire
June 1, 2017.
(c) Section 3920.052 does not apply to this section.
(d) This section expires September 1, 2017.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3920.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3920.102. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using any money available to the district, or contract with
a governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter or
Chapter 375, Local Government Code.
Sec. 3920.103. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 3920.104. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3920.105. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3920.106. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county or the city, to provide law enforcement
services in the district for a fee.
Sec. 3920.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3920.108. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3920.109. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3920.110. ANNEXATION OF LAND. The district may annex
land as provided by Subchapter J, Chapter 49, Water Code.
Sec. 3920.111. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3920.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 3920.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3920.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 3920.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
(a) The board by resolution may impose and collect an assessment
for any purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3920.155. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to a tax authorized
or approved by the voters of the district or a required payment for
a service provided by the district, including water and sewer
services.
Sec. 3920.156. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of
district taxes or assessments on property in the zones.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3920.201. CONSENT OF CITY REQUIRED. The district may
not impose a tax or issue a bond until the city has consented by
ordinance or resolution to the creation of the district and to the
inclusion of land in the district.
Sec. 3920.202. ELECTIONS REGARDING TAXES AND BONDS.
(a) The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3920.204.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3920.203. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 3920.202, the district may
impose an operation and maintenance tax on taxable property in the
district in accordance with Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3920.204. 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.
Sec. 3920.205. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
determined by the board. Section 375.205, Local Government Code,
does not apply to a loan, line of credit, or other borrowing from a
bank or financial institution secured by revenue other than ad
valorem taxes.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
Sec. 3920.206. 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 annual ad valorem tax, without limit as to rate or amount,
for each year that all or part of the bonds are outstanding as
required and in the manner provided by Sections 54.601 and 54.602,
Water Code.
SECTION 2. The Highway 380 Municipal Management District
No. 1 initially includes all territory contained in the following
area:
TRACT 1
WHEREAS, The Rudman Partnership is the owner of a tract of
land situated in the THOMAS NAVO SURVEY, ABSTRACT NO. 964 and the
WILLIAM LUMPKIN LEAGUE AND LABOR SURVEY, ABSTRACT NO. 730, in
Denton County, Texas, said tract being a portion of a called 645.238
acre tract of land described as File No. F0030.00 and a portion of a
called 52.360 acre tract of land described as File No. F0031.00 in a
deed to The Rudman Partnership, recorded in Volume 2844, Page 42,
Real Property Records, Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a point in the approximate center of Fish Trap
Road (a partially dedicated public road) for an interior ell corner
of said 645.238 acre tract and the northwest corner of a tract of
land described in a deed to CHS Savannah, L.P. recorded in Document
No. 2006-40724 of said Real Property Records;
THENCE South 01 degree 33 minutes 02 seconds West, along the
common line of said 645.238 acre tract and CHS Savannah Tract,
passing the most southerly southeast corner of said 645.238 acre
tract and the northeast corner of said 52.360 acre tract at 3,401.50
feet and continuing for a total distance of 3,839.27 feet to a point
for corner, said point being in a northerly boundary line of the
Town of Little Elm as described in Exhibit A, Tract 3 of Town
Ordinance No. 809;
THENCE North 56 degrees 04 minutes 01 seconds West, along
said northerly boundary line, a distance of 2,542.41 feet to a point
for corner, said point being in the east boundary line of Lot 1,
Block A, Navo Middle School Addition, an addition to Denton County
according to the plat thereof recorded in Cabinet W, Page 436 of
said Real Property Records;
THENCE North 01 degree 35 minutes 07 seconds East, along the
east line of said addition, a distance of 1,343.95 feet to the
northeast corner of said addition;
THENCE North 88 degrees 08 minutes 38 seconds West, along the
north line of said addition, a distance of 1,216.05 feet to the
southeast corner of a 1.168 acre right-of-way dedication for Navo
Road to Denton County recorded in said Document No. 2006-24266;
THENCE North 01 degrees 34 minutes 31 seconds East, along the
east line of said dedication, a distance of 1,082.41 feet to the
northeast corner of said dedication;
THENCE South 89 degrees 57 minutes 07 seconds West, along the
north line of said dedication, a distance of 46.93 feet to a point
in the approximate center of Navo Road;
THENCE North 01 degree 35 minutes 07 seconds East, along the
approximate center of said Navo Road, a distance of 34.30 feet to a
point in the approximate center of Fish Trap Road and the south line
of a tract of land described in a deed to Dallas Lyndhurst, Ltd.
recorded in Document No. 97-090639 of said Real Property Records;
THENCE South 88 degrees 38 minutes 53 seconds East, along the
approximate center of said Fish Trap Road and the south line of said
Lyndhurst tract, a distance of 1,158.00 feet to the southeast
corner of said Lyndhurst tract;
THENCE North 01 degree 30 minutes 07 seconds East, along the
east line of said Lyndhurst tract, a distance of 1,330.60 feet to
the northeast corner of said Lyndhurst tract;
THENCE North 88 degrees 26 minutes 11 seconds West, along the
north line of said Lyndhurst tract, a distance of 844.57 feet to the
most southerly southeast corner of a called 16.78 acre tract of land
described as Tract 11-113 in a deed to the United States of America,
recorded in Volume 2822, Page 802 of said Real Property Records;
THENCE along the east line of said 16.78 acre tract, the
following courses and distances:
North 57 degrees 27 minutes 26 seconds East, a distance
of 117.61 feet to a point for corner;
North 33 degrees 06 minutes 22 seconds East, a distance
of 328.27 feet to a point for corner;
North 11 degrees 04 minutes 26 seconds East, a distance
of 284.12 feet to a point for corner;
North 15 degrees 07 minutes 37 seconds West, a distance
of 328.22 feet to a point for corner;
North 21 degrees 29 minutes 01 seconds West, a distance
of 67.72 feet to a point on the south boundary of a called 239.673
acre tract of land described in a deed to Gene McCutchin, recorded
in Volume 927, Page 689 of said Real Property Records for the
northwest corner of said 16.78 acre tract;
THENCE South 88 degrees 43 minutes 53 seconds East, along the
common boundary between said 645.238 acre tract and said 239.673
acre tract, a distance of 3,910.67 feet to a point for corner, said
point being approximately 350.00 feet west of the approximate
center of Byran Road;
THENCE over and across said 645.238 acre tract, the following
courses and distances:
South 01 degree 28 minutes 00 seconds West, a distance
of 2,341.34 feet to a point in the approximate center of said Fish
Trap Road and the north line of said CHS Savannah Tract;
THENCE North 88 degrees 38 minutes 53 seconds West, along the
north line of said CHS Savannah tract, a distance of 1,013.17 feet
to the POINT OF BEGINNING and containing 376.078 acres of land, more
or less.
TRACT 2
WHEREAS, The Rudman Partnership is the owner of a tract of
land situated in the THOMAS NAVO SURVEY, ABSTRACT NO. 964 and the
WILLIAM LUMPKIN LEAGUE AND LABOR SURVEY, ABSTRACT NO. 730, in
Denton County, Texas, said tract being a portion of a called 645.238
acre tract of land described as File No. F0030.00 and a portion of a
called 52.360 acre tract of land described as File No. F0031.00 in a
deed to The Rudman Partnership, recorded in Volume 2844, Page 42,
Real Property Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a point in the approximate center of Fish Trap
Road (a partially dedicated public road) for an interior ell corner
of said 645.238 acre tract and the northwest corner of a tract of
land described in a deed to CHS Savannah, L.P. recorded in Document
No. 2006-40724 of said Real Property Records;
THENCE South 01 degree 33 minutes 02 seconds West, along the
common line of said 645.238 acre tract and CHS Savannah Tract,
passing the most southerly southeast corner of said 645.238 acre
tract and the northeast corner of said 52.360 acre tract at 3,401.50
feet and continuing for a total distance of 3,839.27 feet to THE
POINT OF BEGINNING, said point being in a northerly boundary line of
the Town of Little Elm as described in Exhibit A, Tract 3 of Town
Ordinance No. 809;
THENCE South 01 degree 33 minutes 02 seconds West, continuing
along said common line, a distance of 258.19 to a point being on the
north right-of-way of U.S. Highway 380 (a variable width
right-of-way) for the southeast corner of said 52.360 acre tract;
THENCE North 87 degrees 42 minutes 53 seconds West, along
said north right-of-way and the south line of said 52.360 acre
tract, a distance of 3,322.62 feet to a point on the southeast end
of a highway right-of-way flare for corner;
THENCE North 43 degrees 42 minutes 31 seconds West, along
said right-of-way flare, a distance of 138.39 feet to a point in the
approximate center of Navo Road (a partially dedicated public road)
for corner;
THENCE North 01 degree 54 minutes 19 seconds East, along the
approximate center of said Navo Road, passing the northwest corner
of said 52.360 acre tract and the southwest corner of said 645.238
acre tract at 544.12 feet and continuing for a total distance of
1,656.01 feet to the southwest corner of a 0.450 acre right-of-way
dedication for Navo Road to Denton County, recorded as Document No.
2006-24266 of said Real Property Records;
THENCE along the south and east lines of said right-of-way
dedication, the following courses and distances:
South 88 degrees 25 minutes 29 seconds East, a distance
of 51.70 feet to a point for corner;
North 01 degree 33 minutes 20 seconds East, a distance
of 12.20 feet to a point for corner;
North 00 degrees 41 minutes 13 seconds West, a distance
of 127.90 feet to a point for corner;
North 01 degree 34 minutes 35 seconds East, a distance
of 258.84 feet to a point on the southwest line of Lot 1, Block A,
Navo Middle School Addition, an addition to Denton County according
to the plat thereof recorded in Cabinet W, Page 436 of said Real
Property Records;
THENCE South 59 degrees 28 minutes 01 second East, along the
southwest line of said addition, a distance of 1,390.62 feet to a
point for corner;
THENCE North 01 degree 35 minutes 07 seconds East, along the
east boundary of said addition, a distance of 98.82 feet to a point
in said northerly boundary line of the Town of Little Elm for
corner;
THENCE South 56 degrees 04 minutes 01 seconds East, along
said northerly boundary line of the Town of Little Elm a distance of
2,542.41 feet to the POINT OF BEGINNING and containing 98.489 acres
of land, more or less.
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,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) 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 have been
fulfilled and accomplished.
SECTION 4. 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, 2013.