By De La Garza, et al. H.B. No. 22
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation and duties of a crime control and
1-3 prevention district.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.05, Crime Control and Prevention
1-6 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
1-7 amended to read as follows:
1-8 Sec. 1.05. COUNTIES AUTHORIZED TO CREATE DISTRICTS. The
1-9 commissioners court in a county with a population of more than
1-10 130,000 may by majority vote propose the creation of a crime
1-11 control district. The proposal is <A crime control district is
1-12 established,> subject to a confirmation election held as provided
1-13 by Article 3 of this Act<, in a county containing:>
1-14 <(1) a population of more than 750,000 according to
1-15 the most recent federal census; and>
1-16 <(2) more than 35 incorporated municipalities
1-17 according to the most recent federal census>.
1-18 SECTION 2. The Crime Control and Prevention District Act
1-19 (Article 2370c-4, Vernon's Texas Civil Statutes) is amended by
1-20 adding Section 1.05A to read as follows:
1-21 Sec. 1.05A. CREATION OF DISTRICT BY CERTAIN MUNICIPALITIES.
1-22 A municipality that is partially or wholly located in a county with
1-23 a population of more than 1.5 million may create a crime control
1-24 district in its jurisdiction in the same manner as a county under
2-1 this Act. A crime control district created by a municipality under
2-2 this section has the same relationship with the municipality as a
2-3 crime control district created by the county under this Act has
2-4 with the county. A municipality creating a district under this
2-5 section shall pay the entire cost of creating the district but may
2-6 be reimbursed for its costs under Section 3.10(d) of this Act.
2-7 SECTION 3. Section 1.06, Crime Control and Prevention
2-8 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
2-9 amended to read as follows:
2-10 Sec. 1.06. Boundaries. The county commissioners court may
2-11 create a district composed of the whole county or a portion of the
2-12 county <A district is composed of the geographical area of the
2-13 county in which the district is created>. A district may not
2-14 contain more than one county.
2-15 SECTION 4. Section 2.01, Crime Control and Prevention
2-16 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
2-17 amended to read as follows:
2-18 Sec. 2.01. Temporary directors. The county commissioners
2-19 court shall appoint seven persons that reside in the proposed
2-20 district to <following persons> serve as temporary directors of a
2-21 proposed district<:>
2-22 <(1) a criminal district judge whose judicial district
2-23 includes a part or all of the proposed district, selected by a
2-24 majority of the judges of the district courts and criminal district
2-25 courts of judicial districts that include a part or all of the
2-26 proposed district;>
2-27 <(2) the district attorney of the county;>
3-1 <(3) the mayor or a city council member selected by
3-2 the city council of the municipality having the largest population
3-3 in the proposed district, according to the most recent federal
3-4 census;>
3-5 <(4) the mayor or a city council member selected by
3-6 the city council of the municipality having the second largest
3-7 population in the proposed district, according to the most recent
3-8 federal census;>
3-9 <(5) the mayor or a city council member of a
3-10 municipality in the proposed district, other than the two
3-11 municipalities in the proposed district having the largest
3-12 populations, selected by a majority of the mayors of municipalities
3-13 in the proposed district, other than the two municipalities having
3-14 the largest populations;>
3-15 <(6) the county judge or a county commissioner
3-16 selected by the commissioners court of the county; and>
3-17 <(7) a member of the general public, to be selected by
3-18 a majority of the six temporary directors listed in Subdivisions
3-19 (1) through (6) of this subsection>.
3-20 SECTION 5. Section 2.02, Crime Control and Prevention
3-21 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
3-22 amended to read as follows:
3-23 Sec. 2.02. Temporary chairman. The chairman of a temporary
3-24 board shall be elected by the members of the temporary board from
3-25 their membership not later than the 15th day after the date on
3-26 which the temporary directors are appointed under Section 2.01 <the
3-27 member of the general public is selected to the temporary board as
4-1 provided by Subsection (c) of Section 2.03> of this Act.
4-2 SECTION 6. Section 2.03, Crime Control and Prevention
4-3 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
4-4 amended to read as follows:
4-5 Sec. 2.03. TIME RESTRICTION FOR APPOINTING BOARD MEMBERS.
4-6 (a) Not later than the 60th day after the date a district is
4-7 proposed by the county commissioners court <effective date of this
4-8 Act>, the commissioners court <each group listed in Subdivisions
4-9 (1), (3), (4), (5), and (6) of Section 2.01 of this Act> shall make
4-10 its appointments <selection> under Section 2.01 of this Act <that
4-11 section>.
4-12 (b) Not later than the 75th day after the date a district is
4-13 proposed by the county commissioners court <effective date of this
4-14 Act>, a temporary board shall organize.
4-15 <(c) Not later than the 15th day after the date on which the
4-16 board is organized under Subsection (b) of this section, a member
4-17 of the general public shall be selected to the temporary board as
4-18 provided by Subdivision (7) of Section 2.01 of this Act.>
4-19 SECTION 7. Section 3.01, Crime Control and Prevention
4-20 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
4-21 amended to read as follows:
4-22 Sec. 3.01. Creation Election. A district proposed by the
4-23 county commissioners court may be created and a tax may be
4-24 authorized only if the creation and the tax are approved by a
4-25 majority of the qualified voters of the proposed district voting at
4-26 an election called and held for that purpose.
4-27 SECTION 8. Section 3.03, Crime Control and Prevention
5-1 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
5-2 amended by adding Subsection (c) to read as follows:
5-3 (c) A sales and use tax approved under this Act may be
5-4 charged in addition to any other sales and use tax authorized by
5-5 law and is included in computing a combined sales and use tax rate
5-6 for purposes of any limitation provided by law on the maximum
5-7 combined sales and use tax rate of political subdivisions.
5-8 SECTION 9. Section 3.08, Crime Control and Prevention
5-9 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
5-10 amended to read as follows:
5-11 Sec. 3.08. Dissolution of Temporary Board. If a district
5-12 has not been created under this Act before the fifth anniversary of
5-13 the date a district is proposed by the county commissioners court
5-14 <effective date of this Act>, the temporary board is dissolved on
5-15 that date and a district may not be created under this Act.
5-16 SECTION 10. Section 3.09, Crime Control and Prevention
5-17 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
5-18 amended by adding Subsection (d) to read as follows:
5-19 (d) The temporary board shall coordinate its efforts with
5-20 local law enforcement officials, the local community supervision
5-21 and corrections department, and the local juvenile probation
5-22 department in developing its crime control plan and budget plan.
5-23 SECTION 11. Section 3.10, Crime Control and Prevention
5-24 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
5-25 amended to read as follows:
5-26 Sec. 3.10. Financing creation of district. (a) Except as
5-27 provided by Subsections <Subsection> (b) and (c) of this section,
6-1 the costs of creating a district shall be allocated as follows:
6-2 (1) the county shall pay 40 percent;
6-3 (2) the municipality having the largest population in
6-4 the county shall pay 40 percent; and
6-5 (3) the municipality having the second largest
6-6 population in the county shall pay 20 percent.
6-7 (b) The county and the two municipalities may contract for a
6-8 division of the costs of creating a district that is different from
6-9 the division of costs described in Subsection (a) of this section.
6-10 (c) If a district is proposed for only a portion of the
6-11 county, the county shall pay the entire cost of creating the
6-12 district.
6-13 (d) If a district is created, the district shall reimburse
6-14 the county or <and> municipalities for actual expenses incurred in
6-15 the creation of the district.
6-16 SECTION 12. Section 5.01, Crime Control and Prevention
6-17 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
6-18 amended by amending Subsection (b) and adding Subsections (d) and
6-19 (e) to read as follows:
6-20 (b) The district shall coordinate its efforts with local law
6-21 enforcement officials, the local community supervision and
6-22 corrections department, and the local juvenile probation department
6-23 in developing its crime control and crime prevention program <may
6-24 not:>
6-25 <(1) fund any program that significantly duplicates
6-26 existing programs or programs scheduled to begin;>
6-27 <(2) fund any facility that unnecessarily duplicates
7-1 existing facilities or facilities scheduled to begin operation or
7-2 construction;>
7-3 <(3) fund any equipment that unnecessarily duplicates
7-4 existing equipment or equipment scheduled to begin operation;>
7-5 <(4) spend on administration more than one percent of
7-6 the amount of revenue that would be generated if the tax rate
7-7 imposed under the sales and use tax under Section 323.105, Tax
7-8 Code, were one-half percent;>
7-9 <(5) fund a program if sufficient state or other local
7-10 funds are available to fund the program;>
7-11 <(6) fund a facility or equipment if sufficient state
7-12 or other local funds are available to fund the facility or
7-13 equipment; and>
7-14 <(7) continue to fund a program, facility, or
7-15 equipment in a municipality or county if the municipality or county
7-16 fails to maintain the same level of support for the program,
7-17 facility, or equipment as it did the year before the district was
7-18 created or in any following year, whichever is greater>.
7-19 (d) The board of directors of the district shall seek the
7-20 assistance of the Office of State-Federal Relations in identifying
7-21 and applying for federal grants for criminal and juvenile justice
7-22 programs.
7-23 (e) The district may apply for and receive grants for
7-24 criminal and juvenile justice programs from the criminal justice
7-25 division in the governor's office.
7-26 SECTION 13. Section 8.08(a), Crime Control and Prevention
7-27 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
8-1 amended to read as follows:
8-2 (a) A county clerk shall, on request of any person, check
8-3 each name on a petition to determine whether the signer is a
8-4 registered voter of the district <county>. A person requesting
8-5 verification by the county clerk shall pay the county clerk a sum
8-6 equal to 20 cents per name before commencement of the verification.
8-7 SECTION 14. Section 9.08(a), Crime Control and Prevention
8-8 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
8-9 amended to read as follows:
8-10 (a) A county clerk shall, on request of any person, check
8-11 each name on a petition to determine whether the signer is a
8-12 registered voter of the district <county>. A person requesting
8-13 verification by the county clerk shall pay the county clerk a sum
8-14 equal to 20 cents per name before commencement of the verification.
8-15 SECTION 15. Section 323.105, Tax Code, is amended to read as
8-16 follows:
8-17 Sec. 323.105. Crime Control District Tax. (a) Subject to
8-18 an election held in accordance with the Crime Control and
8-19 Prevention District Act, a county in which a crime control and
8-20 prevention district is established shall adopt a sales and use tax
8-21 in the area of the district for the purpose of financing the
8-22 operation of the crime control and prevention district. The
8-23 revenue from the tax may be used only for the purpose of financing
8-24 the operation of the crime control and prevention district. The
8-25 proposition for adopting a tax under this section and the
8-26 proposition for creation of a crime control and prevention district
8-27 shall be submitted at the same election. For purposes of
9-1 Subsection (c) of Section 323.101 of this code, a tax under this
9-2 section is not a county sales and use tax.
9-3 (b) A tax adopted for <by> a district <county> under this
9-4 section for financing the operation of the <a crime control and
9-5 prevention> district <in the county> may be decreased in increments
9-6 of one-fourth of one percent by order of the board of directors of
9-7 the <crime control and prevention> district. The rate of a tax
9-8 adopted for <by> a district <county> under this section may be
9-9 increased in increments of one-fourth of one percent, not to exceed
9-10 a total tax rate of one-half percent for financing the operation of
9-11 the crime control and prevention district, by order of the board of
9-12 directors of the crime control and prevention district if approved
9-13 by a majority of the qualified voters voting at an election called
9-14 by the board and held in the district on the question of increasing
9-15 the tax rate. At the election, the ballot shall be printed to
9-16 provide for voting for or against the following proposition: "The
9-17 increase of the ____________ County Crime Control and Prevention
9-18 District sales and use tax rate to ____________ percent." If there
9-19 is an increase or decrease under this subsection in the rate of a
9-20 tax imposed under this section, the new rate takes effect on the
9-21 first day of the next calendar year after the expiration of one
9-22 calendar quarter after the comptroller receives notice of the
9-23 increase or decrease. However, if the comptroller notifies the
9-24 president of the board of directors of the district in writing
9-25 within 10 days after receipt of the notification that the
9-26 comptroller requires more time to implement reporting and
9-27 collection procedures, the comptroller may delay implementation of
10-1 the rate change for one whole calendar quarter. In that event, the
10-2 new rate takes effect on the first day of the next calendar quarter
10-3 following the elapsed quarter.
10-4 (c) The comptroller shall remit to the county amounts
10-5 collected at the rate imposed under this section as part of the
10-6 regular allocation of county tax revenue collected by the
10-7 comptroller. The county shall, if the district is composed of an
10-8 area less than the entire county, remit that amount to the
10-9 district. Retailers may not be required to use the allocation and
10-10 reporting procedures in the collection of taxes under this section
10-11 different from the procedures that retailers use in the collection
10-12 of other sales and use taxes under this chapter. An item,
10-13 transaction, or service that is taxable in a county under a sales
10-14 or use tax authorized by another section of this chapter is taxable
10-15 under this section. An item, transaction, or service that is not
10-16 taxable in a county under a sales or use tax authorized by another
10-17 section of this chapter is not taxable under this section.
10-18 (d) If, in a county where a crime control and prevention
10-19 district is composed of the whole county, a county sales and use
10-20 tax or a county sales and use tax rate increase for the purpose of
10-21 financing a crime control and prevention district is approved, the
10-22 county is responsible for distributing to the district that portion
10-23 of the county sales and use tax revenue received from the
10-24 comptroller that is to be used for the purposes of financing the
10-25 crime control and prevention district. Not later than the 10th day
10-26 after the date the county receives funds under this section from
10-27 the comptroller, the county shall make the distribution in the
11-1 proportion that the crime control and prevention portion of the tax
11-2 rate bears to the total sales and use tax rate of the county. The
11-3 amounts distributed to a crime control and prevention district are
11-4 not considered to be sales and use tax revenue for the purpose of
11-5 property tax reduction and computation of the county tax rate under
11-6 Section 26.041, Tax Code.
11-7 (e) For purposes of the tax imposed under this section, a
11-8 reference in this chapter to the county as the territory in which
11-9 the tax or an incident of the tax applies means only the territory
11-10 located in the crime control and prevention district, if that
11-11 district is composed of an area less than an entire county.
11-12 (f) The comptroller may adopt rules and the county
11-13 commissioners court may adopt orders to administer this section.
11-14 SECTION 16. The importance of this legislation and the
11-15 crowded condition of the calendars in both houses create an
11-16 emergency and an imperative public necessity that the
11-17 constitutional rule requiring bills to be read on three several
11-18 days in each house be suspended, and this rule is hereby suspended,
11-19 and that this Act take effect and be in force from and after its
11-20 passage, and it is so enacted.