84R2018 CLG/SMH-F
	By: Hinojosa	S.B. No. 1956

	A BILL TO BE ENTITLED
	AN ACT
	relating to property tax lenders and property tax loans.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Chapter 351, Finance Code, is
	amended to read as follows:
	CHAPTER 351.  PROPERTY TAX LENDERS AND ASSOCIATED LIENS
	SECTION 2.  Section 351.002, Finance Code, is amended to
	read as follows:
	Sec. 351.002.  DEFINITIONS. In this chapter:
	(1)  "Lienholder" means the holder of a lien created in
	favor of a property tax lender as provided by Section 32.06(a-2),
	Tax Code, including a successor in interest.
	(2)  "Property tax lender" means a person that engages
	in activity requiring a license under Section 351.051.  The term
	does not include:
	(A)  a person who is sponsored by a licensed
	property tax lender to assist with or perform the acts of a property
	tax lender; or
	(B)  a person who performs only clerical functions
	such as delivering a loan application to a property tax lender,
	gathering or requesting information related to a property tax loan
	application on behalf of the prospective borrower or property tax
	lender, word processing, sending correspondence, or assembling
	files.
	(3) [(2)]  "Property tax loan" means an advance of
	money:
	(A)  [in connection with a transfer of lien under
	Section 32.06, Tax Code, or a contract under Section 32.065, Tax
	Code;
	[(B)]  in connection with a contract between a
	lender and a property owner under which the lender [which the person
	making the transfer] arranges for the payment, with the [a]
	property owner's written consent, of property taxes and related
	closing costs on behalf of the property owner in accordance with
	Section 32.06, Tax Code; and
	(B) [(C)]  that is secured by a [special] lien
	against the property created in favor of the lender under Section
	32.06, Tax Code [transferred from a taxing unit to the property tax
	lender and which may be further secured by the lien or security
	interest created by a deed of trust, security deed, or other
	security instrument].
	SECTION 3.  Sections 351.0021(a), (c), and (d), Finance
	Code, are amended to read as follows:
	(a)  The contract between a property tax lender and a
	property owner may require the property owner to pay the following
	costs after closing:
	(1)  a reasonable fee for filing the release of a [tax]
	lien authorized under Section 32.06(b), Tax Code;
	(2)  a reasonable fee for a payoff statement authorized
	under Section 32.06(f-3), Tax Code;
	(3)  a reasonable fee for providing information
	regarding the current balance owed by the property owner authorized
	under Section 32.06(g), Tax Code;
	(4)  reasonable and necessary attorney's fees,
	recording fees, and court costs for actions that are legally
	required to respond to a suit filed under Chapter 33, Tax Code, or
	to perform a foreclosure, including fees required to be paid to an
	official and fees for an attorney ad litem;
	(5)  to the extent permitted by the United States
	Bankruptcy Code, attorney's fees and court costs for services
	performed after the property owner files a voluntary bankruptcy
	petition;
	(6)  a reasonable fee for title examination and
	preparation of an abstract of title by an attorney, a title company,
	or a property search company authorized to do business in this
	state;
	(7)  a processing fee for insufficient funds, as
	authorized under Section 3.506, Business & Commerce Code;
	(8)  a fee for collateral protection insurance, as
	authorized under Chapter 307;
	(9)  a prepayment penalty, unless the loan [lien
	transferred] is made in connection with [on] residential property
	owned and used by the property owner for personal, family, or
	household purposes;
	(10)  recording expenses incurred in connection with a
	modification necessary to preserve a borrower's ability to avoid a
	foreclosure proceeding; and
	(11)  fees for copies of transaction documents
	requested by the property owner.
	(c)  A property tax lender or any successor in interest may
	not [charge]:
	(1)  after closing, charge any fee, other than
	interest, [after closing] in connection with the loan [transfer of
	a tax lien] unless the fee is expressly authorized under this
	section; or
	(2)  charge any interest that is not expressly
	authorized under Section 32.06, Tax Code.
	(d)  Except for charges authorized under Subsections (a)(1),
	(2), (3), (9), and (11), any amount charged by a lienholder
	[property tax lender] after closing must be for services performed
	by a person that is not an employee of the lienholder [property tax
	lender].
	SECTION 4.  Section 351.003(a), Finance Code, is amended to
	read as follows:
	(a)  Except as provided by Subsection (b), this chapter does
	not prohibit a lienholder [property tax lender] from receiving
	compensation from a party other than the property tax loan
	applicant for the sale, transfer, assignment, or release of rights
	on the closing of a property tax loan transaction.
	SECTION 5.  Section 351.005, Finance Code, is amended to
	read as follows:
	Sec. 351.005.  APPLICATION OF TAX CODE. This chapter does
	not affect the application of Section 32.06 [or 32.065], Tax Code.
	SECTION 6.  Section 351.006(a), Finance Code, is amended to
	read as follows:
	(a)  In addition to any other applicable enforcement
	provisions, Subchapters E, F, and G, Chapter 14, apply to a
	violation of this chapter or Section 32.06 [or 32.065], Tax Code, in
	connection with property tax loans.
	SECTION 7.  Section 351.007, Finance Code, is amended to
	read as follows:
	Sec. 351.007.  RULES. The finance commission may adopt
	rules to ensure compliance with this chapter and Section [Sections]
	32.06 [and 32.065], Tax Code.
	SECTION 8.  Sections 351.008(a) and (c), Finance Code, are
	amended to read as follows:
	(a)  The commissioner or the commissioner's representative
	shall, at the times the commissioner or the representative
	considers necessary:
	(1)  examine each place of business of each property
	tax lender; and
	(2)  investigate the lender's transactions, including
	loans, and records, including books, accounts, papers, and
	correspondence, to the extent the transactions and records pertain
	to the business regulated under this chapter and Section [Sections]
	32.06 [and 32.065], Tax Code.
	(c)  During an examination, the commissioner or the
	commissioner's representative may administer oaths and examine any
	person under oath on any subject pertinent to a matter that the
	commissioner or the representative is authorized or required to
	consider, investigate, or secure information about under this
	chapter or Section 32.06 [or 32.065], Tax Code.
	SECTION 9.  Section 351.009(a), Finance Code, is amended to
	read as follows:
	(a)  To discover a violation of this chapter or Section 32.06
	[or 32.065], Tax Code, or to obtain information required under this
	chapter or Section 32.06 [or 32.065], Tax Code, the commissioner or
	the commissioner's representative may investigate the records,
	including books, accounts, papers, and correspondence, of a person,
	including a property tax lender, who the commissioner or the
	representative has reasonable cause to believe is violating this
	chapter or Section 32.06 [or 32.065], Tax Code, regardless of
	whether the person claims to not be subject to this chapter or
	Section 32.06 [or 32.065], Tax Code.
	SECTION 10.  Sections 351.051(a) and (c), Finance Code, are
	amended to read as follows:
	(a)  A person must hold a license issued under this chapter
	to:
	(1)  engage in the business of making, transacting, or
	negotiating property tax loans; or
	(2)  contract for, charge, or receive, directly or
	indirectly, in connection with a property tax loan subject to this
	chapter, a charge, including interest, compensation, including
	compensation received for a transaction described by Section
	351.003(a), consideration, or another expense, authorized under
	this chapter or Chapter 32, Tax Code.
	(c)  Except as provided by Section 351.003, this chapter does
	not apply to:
	(1)  any of the following entities or an employee of any
	of the following entities, if the employee is acting for the benefit
	of the employer:
	(A)  a bank, savings bank, or savings and loan
	association, or a subsidiary or an affiliate of a bank, savings
	bank, or savings and loan association; or
	(B)  a state or federal credit union, or a
	subsidiary, affiliate, or credit union service organization of a
	state or federal credit union; or
	(2)  an individual [who]:
	(A)  who is related to the property owner within
	the second degree of consanguinity or affinity, as determined under
	Chapter 573, Government Code; or
	(B)  whose only activity that would require
	licensure under Subsection (a) consists of making [makes] five or
	fewer property tax loans in any consecutive 12-month period from
	the individual's own funds.
	SECTION 11.  Section 351.054, Finance Code, is amended to
	read as follows:
	Sec. 351.054.  NOTICE TO TAXING UNIT. (a)  A property tax
	lender [transferee of a tax lien] must include with the sworn
	document executed by the borrower and delivered to [filed with] the
	collector of a taxing unit under Section 32.06(a-1), Tax Code, the
	information required by this section.
	(b)  If the property tax lender [transferee] is licensed
	under this chapter, the lender [transferee] shall include with the
	filing the licensee's license number assigned by the commissioner.
	(c)  If the property tax lender [transferee] is exempt from
	this chapter under Section 351.051(c)(1), the lender [transferee]
	shall include with the filing an affidavit stating the entity's
	type of organization that qualifies it for the exemption, any
	charter number assigned by the governmental authority that issued
	the entity's charter, and the address of the entity's main office.
	(d)  If the property tax lender [transferee] is exempt from
	this chapter under Section 351.051(c)(2), the lender [transferee]
	shall include a certificate issued by the commissioner indicating
	the entity's exemption.  The commissioner shall establish
	procedures for issuance of a certificate under this subsection,
	application requirements, and requirements regarding information
	that must be submitted with an application.
	SECTION 12.  Section 351.156, Finance Code, is amended to
	read as follows:
	Sec. 351.156.  LICENSE SUSPENSION OR REVOCATION. After
	notice and a hearing the commissioner may suspend or revoke a
	license if the commissioner finds that:
	(1)  the license holder failed to pay the annual
	license fee, an examination fee, an investigation fee, or another
	charge imposed by the commissioner under this chapter;
	(2)  the license holder, knowingly or without the
	exercise of due care, violated this chapter or Section 32.06 [or
	32.065], Tax Code, or a rule adopted or an order issued under this
	chapter or Section 32.06 [or 32.065], Tax Code;
	(3)  a fact or condition exists that, if it had existed
	or had been known to exist at the time of the original application
	for the license, clearly would have justified the commissioner's
	denial of the application; or
	(4)  the license holder has failed to ensure that an
	individual acting as a residential mortgage loan originator, as
	defined by Section 180.002, in the making, transacting, or
	negotiating of a property tax loan for a principal dwelling is
	licensed under this chapter in accordance with Section 351.0515.
	SECTION 13.  The heading to Section 32.06, Tax Code, is
	amended to read as follows:
	Sec. 32.06.  PROPERTY TAX LOANS; ATTACHMENT [TRANSFER] OF
	[TAX] LIEN.
	SECTION 14.  Sections 32.06(a), (a-1), (a-2), (a-3), (a-4),
	(a-5), (a-6), (a-7), (a-8), (b), (b-1), (c), (d), (d-1), (e),
	(e-1), (e-2), (f), (f-1), (f-3), (f-4), (g), (h), (i), (j), (k-1),
	and (l), Tax Code, are amended to read as follows:
	(a)  In this section, "mortgage servicer" [:
	[(1)  "Mortgage servicer"] has the meaning assigned by
	Section 51.0001, Property Code.
	[(2)     "Transferee" means a person who is licensed under
	Chapter 351, Finance Code, or is exempt from the application of that
	chapter under Section 351.051(c), Finance Code, and who is:
	[(A)  authorized to pay the taxes of another; or
	[(B)     a successor in interest to a tax lien that is
	transferred under this section.]
	(a-1)  A property owner may authorize another person to pay
	the taxes imposed by a taxing unit on the owner's real property by
	executing and delivering to [filing with] the collector for the
	taxing unit:
	(1)  a sworn document stating:
	(A)  the authorization for payment of the taxes;
	(B)  the name and street address of the person
	[transferee] authorized to pay the taxes of the property owner;
	(C)  a description of the property by street
	address, if applicable, and legal description; and
	(D)  that notice has been given to the property
	owner that if the property owner is disabled, the property owner may
	be eligible for a tax deferral under Section 33.06; and
	(2)  the information required by Section 351.054,
	Finance Code.
	(a-2)  Except as provided by Subsection (a-8), a [tax] lien
	on the property is created in favor of [may be transferred to] the
	person who pays the taxes on behalf of the property owner under the
	terms of a loan contract and execution and delivery of the
	authorization described by Subsection (a-1) for:
	(1)  taxes that are delinquent at the time of payment;
	or
	(2)  taxes that are due but not delinquent at the time
	of payment if  the property is not subject to a recorded mortgage
	lien.
	(a-3)  A person who is 65 years of age or older may not
	authorize the creation of a lien under Subsection (a-2) [a transfer
	of a tax lien] on real property on which the person is eligible to
	claim an exemption from taxation under Section 11.13(c).
	(a-4)  The Finance Commission of Texas shall:
	(1)  prescribe the form and content of an appropriate
	disclosure statement to be provided to a property owner before the
	closing [execution] of a property tax loan [tax lien transfer];
	(2)  adopt rules relating to the reasonableness of
	closing costs, fees, and other charges permitted under this
	section;
	(3)  by rule prescribe the form and content of the sworn
	document under Subsection (a-1) and the certified statement under
	Subsection (b); and
	(4)  by rule prescribe the form and content of a request
	a lender with an existing recorded lien on the property must use to
	request a payoff statement and the [transferee's] response to the
	request of the holder of a loan secured by a lien on the property
	created under Subsection (a-2), including the period within which
	the holder [transferee] must respond.
	(a-5)  At the time the property tax lender [transferee]
	provides the disclosure statement required by Subsection (a-4)(1),
	the lender [transferee] must also describe the type and approximate
	cost range of each additional charge or fee that the property owner
	may incur in connection with the property tax loan [transfer].
	(a-6)  Notwithstanding Subsection (f-3), a lender described
	by Subsection (a-4)(4) may request a payoff statement before the
	tax loan becomes delinquent.  The Finance Commission of Texas by
	rule shall require a holder of a loan secured by a lien created
	under Subsection (a-2) [transferee] who receives a request for a
	payoff statement to deliver the requested payoff statement on the
	prescribed form within a period prescribed by finance commission
	rule.  The prescribed period must allow the holder [transferee] at
	least seven business days after the date the request is received to
	deliver the payoff statement.  The consumer credit commissioner
	may assess an administrative penalty under Subchapter F, Chapter
	14, Finance Code, against a holder [transferee] who wilfully fails
	to provide the payoff statement as prescribed by finance commission
	rule.
	(a-7)  A contract between a person [transferee] and a
	property owner that purports to authorize payment of taxes that are
	not delinquent or due at the time of the authorization, or that
	lacks the authorization described by Subsection (a-1), is void.
	(a-8)  A [tax] lien on property may not be created in favor of
	[may not be transferred to] the person who pays the taxes on behalf
	of the property owner under the authorization described by
	Subsection (a-1) if the real property:
	(1)  has been financed, wholly or partly, with a grant
	or below market rate loan provided by a governmental program or
	nonprofit organization and is subject to the covenants of the grant
	or loan; or
	(2)  is encumbered by a lien recorded under Subchapter
	A, Chapter 214, Local Government Code.
	(b)  When a person [If a transferee] authorized to pay a
	property owner's taxes under Subsection (a-1) pays the taxes and
	any penalties, interest, and collection costs imposed, the
	collector shall issue a tax receipt to the person who pays the taxes
	[that transferee].  In addition, the collector or a person
	designated by the collector shall certify that the taxes and any
	penalties, interest, and collection costs on the subject property
	have been paid [by the transferee on behalf of the property owner
	and that the taxing unit's tax lien is transferred to that
	transferee].  The collector shall attach to the certified
	statement the collector's seal of office or sign the statement
	before a notary public and deliver the certified statement and [a]
	tax receipt [and the certified statement attesting to the transfer
	of the tax lien] to the person [transferee] within 30 days.  The tax
	receipt and certified statement may be combined into one
	document.  [The collector shall identify in a discrete field in the
	applicable property owner's account the date of the transfer of a
	tax lien transferred under this section.]  When a [tax] lien
	created in favor of a lender under Subsection (a-2) is released, the
	holder of the lien [transferee] shall file a release with the county
	clerk of each county in which the property encumbered by the lien is
	located for recordation by the clerk [and send a copy to the
	collector].  The holder of the lien [transferee] may charge the
	property owner a reasonable fee for filing the release.
	(b-1)  Not later than the 10th business day after the date
	the certified statement is received [by the transferee], the
	property tax lender [transferee] shall send by certified mail a
	copy of the sworn document described by Subsection (a-1) to any
	mortgage servicer and to each holder of a recorded first lien
	encumbering the property.  The copy must be sent, as applicable, to
	the address shown on the most recent payment invoice, statement, or
	payment coupon provided by the mortgage servicer to the property
	owner, or the address of the holder of a recorded first lien as
	shown in the real property records.
	(c)  A holder of a lien created in favor of a property tax
	lender under Subsection (a-2) [Except as otherwise provided by this
	section, the transferee of a tax lien] is entitled to foreclose the
	lien  in the manner provided by law for judicial foreclosure of
	[tax] liens.
	(d)  A holder of a lien arising under Subsection (a-2)
	[transferee] shall record the [a tax] lien [transferred as provided
	by this section] with the certified statement [attesting to the
	transfer of the tax lien] as described by Subsection (b) in the deed
	records of each county in which the property encumbered by the lien
	is located. The lien is subordinate to any prior recorded lien
	against the property.
	(d-1)  A right of rescission described by 12 C.F.R. Section
	226.23 applies to a loan for the payment of a property owner's taxes
	described by Subsection (a-2) that is made in connection with
	[transfer under this section of a tax lien on] residential property
	owned and used by the property owner for personal, family, or
	household purposes.
	(e)  A person [transferee] holding a [tax] lien arising under
	Subsection (a-2) [transferred as provided by this section] may not
	charge a greater rate of interest than 18 percent a year on the
	funds advanced.  Funds advanced are limited to the taxes,
	penalties, interest, and collection costs paid as shown on the tax
	receipt, expenses paid to record the lien, plus reasonable closing
	costs.
	(e-1)  A person [transferee of a tax lien] may not charge a
	fee for any expenses arising after the closing of the property tax
	[a] loan [secured by a tax lien transferred under this section],
	including collection costs, except for:
	(1)  interest expressly authorized under this section;
	(2)  the fees for filing the release of the [tax] lien
	under Subsection (b);
	(3)  the fee for providing a payoff statement under
	Subsection (f-3);
	(4)  the fee for providing information regarding the
	current balance owed by the property owner under Subsection (g);
	and
	(5)  the fees expressly authorized under Section
	351.0021, Finance Code.
	(e-2)  A property tax loan [The] contract between a property
	tax lender and a [the] property owner [and the transferee] may
	provide for interest for default, in addition to the interest
	permitted under Subsection (e), if any part of the installment
	remains unpaid after the 10th day after the date the installment is
	due, including Sundays and holidays.  If the lien [transferred] is
	on residential property owned and used by the property owner for
	personal, family, or household purposes, the additional interest
	may not exceed five cents for each $1 of a scheduled installment.
	(f)  The holder of a loan secured by a [transferred tax] lien
	created under Subsection (a-2) that is delinquent for 90
	consecutive days must send a notice of the delinquency by certified
	mail on or before the 120th day of delinquency or, if the 120th day
	is not a business day, on the next business day after the 120th day
	of delinquency, to any holder of a recorded preexisting lien on the
	property.  The holder or mortgage servicer of a recorded
	preexisting lien on property encumbered by a [tax] lien created
	under Subsection (a-2) [transferred as provided by Subsection (b)]
	is entitled, within six months after the date on which the notice is
	sent, to obtain a release of the [transferred tax] lien by paying
	[the transferee of the tax lien] the balance [amount] owed by the
	property owner under the property tax loan contract [between the
	property owner and the transferee].
	(f-1)  If an obligation secured by a preexisting first lien
	on the property is delinquent for at least 90 consecutive days and
	the obligation has been referred to a collection specialist, the
	mortgage servicer or the holder of the first lien may send a notice
	of the delinquency to the holder of a loan secured by a lien created
	under Subsection (a-2) [transferee of a tax lien].  The mortgage
	servicer or the first lienholder is entitled, within six months
	after the date on which that notice is sent, to obtain a release of
	the [transferred tax] lien by paying the holder of the lien the
	balance [transferee of the tax lien the amount] owed by the property
	owner under the property tax loan contract [between the property
	owner and the transferee].  The Finance Commission of Texas by rule
	shall prescribe the form and content of the notice under this
	subsection.
	(f-3)  Notwithstanding any contractual agreement with the
	property owner, the holder of a loan secured by a lien created under
	Subsection (a-2) [transferee of a tax lien] must provide the payoff
	information required by this section to the greatest extent
	permitted by 15 U.S.C. Section 6802 and 12 C.F.R. Part 1016
	[216].  The payoff statement must meet the requirements of a payoff
	statement defined by Section 12.017, Property Code.  The holder [A
	transferee] may charge a reasonable fee for a payoff statement that
	is requested after an initial payoff statement is provided.
	However, the holder [a transferee] is not required to release
	payoff information pursuant to a notice under Subsection (f-1)
	unless the notice contains the information prescribed by the
	Finance Commission of Texas.
	(f-4)  Failure to comply with Subsection (b-1), (f), or (f-1)
	does not invalidate a [tax] lien arising [transferred] under
	Subsection (a-2) [this section] or a deed of trust.
	(g)  At any time after the end of the six-month period
	specified by Subsection (f) and before a notice of foreclosure of
	the [transferred tax] lien is sent, the holder [transferee] of the
	[tax] lien may require the property owner to provide written
	authorization and pay a reasonable fee before providing information
	regarding the current balance owed by the property owner to the
	holder of the lien [transferee].
	(h)  A mortgage servicer who pays a property tax loan secured
	by a [tax] lien created under Subsection (a-2) [transferred under
	this section] becomes subrogated to all rights in the lien.
	(i)  A judicial foreclosure of a [tax] lien created under
	Subsection (a-2) [transferred under this section] may not be
	instituted within one year from the date on which the lien is
	recorded in all counties in which the property is located, unless
	the contract between the owner of the property and the property tax
	lender [transferee] provides otherwise.
	(j)  After one year from the date on which a [tax] lien
	created under Subsection (a-2) [transferred under this section] is
	recorded in all counties in which the property is located, the
	holder [transferee] of the lien may foreclose the lien in the manner
	provided by Subsection (c) unless the contract between the holder
	of the lien [transferee] and the owner of the property encumbered by
	the lien provides otherwise.  The proceeds of a sale following a
	judicial foreclosure as provided by this subsection shall be
	applied first to the payment of court costs, then to payment of the
	judgment, including accrued interest, and then to the payment of
	any attorney's fees fixed in the judgment.  Any remaining proceeds
	shall be paid to other holders of liens on the property in the order
	of their priority and then to the person whose property was sold at
	the foreclosure [tax] sale.
	(k-1)  The right of redemption provided by Subsection (k) may
	be exercised on or before the second anniversary of the date on
	which the purchaser's deed is filed of record if the property sold
	was the residence homestead of the owner, was land designated for
	agricultural use, or was a mineral interest.  For any other
	property, the right of redemption must be exercised not later than
	the 180th day after the date on which the purchaser's deed is filed
	of record.  If a person redeems the property as provided by
	Subsection (k) and this subsection, the purchaser at the
	foreclosure [tax] sale or the purchaser's successor shall deliver a
	deed without warranty to the property to the person redeeming the
	property.  If the person who owned the property at the time of
	foreclosure redeems the property, all liens existing on the
	property at the time of the foreclosure [tax] sale remain in effect
	to the extent not paid from the sale proceeds.
	(l)  Except as specifically provided by this section, a
	property owner cannot waive or limit any requirement imposed by
	this section on a holder of a loan secured by a lien created under
	Subsection (a-2) [transferee by this section].
	SECTION 15.  Sections 32.065, 33.445, 34.02(e), and 34.021,
	Tax Code, are repealed.
	SECTION 16.  The changes in law made by this Act to Section
	32.06, Tax Code, do not apply to the transfer of an ad valorem tax
	lien that occurs before the effective date of this Act. An ad
	valorem tax lien transferred under Section 32.06, Tax Code, before
	the effective date of this Act is governed by the law in effect
	immediately before the effective date of this Act, and that law is
	continued in effect for that purpose.
	SECTION 17.  The repeal of Section 32.065, Tax Code, by this
	Act does not affect a contract entered into under that section
	before the effective date of this Act, and that section is continued
	in effect for that purpose.
	SECTION 18.  The repeal of Section 33.445, Tax Code, by this
	Act does not affect the joinder of a transferee in a foreclosure
	suit resulting from a tax lien transfer before the effective date of
	this Act, and that section is continued in effect for that purpose.
	SECTION 19.  The repeal of Section 34.021, Tax Code, by this
	Act does not affect the distribution of excess proceeds for a
	foreclosure of a tax lien under Rule 736, Texas Rules of Civil
	Procedure, before the effective date of this Act, and that section
	is continued in effect for that purpose.
	SECTION 20.  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, 2015.