73R4048 DRH-D
          By De La Garza, et al.                                  H.B. No. 22
          Substitute the following for H.B. No. 22:
          By Bailey                                           C.S.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  200,000 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.  Section 1.06, Crime Control and Prevention
   1-19  District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
   1-20  amended to read as follows:
   1-21        Sec. 1.06.  Boundaries.  The county commissioners court may
   1-22  create a district composed of the whole county or a portion of the
   1-23  county  <A district is composed of the geographical area of the
   1-24  county in which the district is created>.  A district may not
    2-1  contain more than one county.
    2-2        SECTION 3.  Section 2.01, Crime Control and Prevention
    2-3  District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
    2-4  amended to read as follows:
    2-5        Sec. 2.01.  Temporary directors.  The county commissioners
    2-6  court shall appoint seven persons to <following persons> serve as
    2-7  temporary directors of a proposed district<:>
    2-8              <(1)  a criminal district judge whose judicial district
    2-9  includes a part or all of the proposed district, selected by a
   2-10  majority of the judges of the district courts and criminal district
   2-11  courts of judicial districts that include a part or all of the
   2-12  proposed district;>
   2-13              <(2)  the district attorney of the county;>
   2-14              <(3)  the mayor or a city council member selected by
   2-15  the city council of the municipality having the largest population
   2-16  in the proposed district, according to the most recent federal
   2-17  census;>
   2-18              <(4)  the mayor or a city council member selected by
   2-19  the city council of the municipality having the second largest
   2-20  population in the proposed district, according to the most recent
   2-21  federal census;>
   2-22              <(5)  the mayor or a city council member of a
   2-23  municipality in the proposed district, other than the two
   2-24  municipalities in the proposed district having the largest
   2-25  populations, selected by a majority of the mayors of municipalities
   2-26  in the proposed district, other than the two municipalities having
   2-27  the largest populations;>
    3-1              <(6)  the county judge or a county commissioner
    3-2  selected by the commissioners court of the county; and>
    3-3              <(7)  a member of the general public, to be selected by
    3-4  a majority of the six temporary directors listed in Subdivisions
    3-5  (1) through (6) of this subsection>.
    3-6        SECTION 4.  Section 2.02, Crime Control and Prevention
    3-7  District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
    3-8  amended to read as follows:
    3-9        Sec. 2.02.  Temporary chairman.  The chairman of a temporary
   3-10  board shall be elected by the members of the temporary board from
   3-11  their membership not later than the 15th day after the date on
   3-12  which the temporary directors are appointed under Section 2.01 <the
   3-13  member of the general public is selected to the temporary board as
   3-14  provided by Subsection (c) of Section 2.03> of this Act.
   3-15        SECTION 5.  Section 2.03, Crime Control and Prevention
   3-16  District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
   3-17  amended to read as follows:
   3-18        Sec. 2.03.  TIME RESTRICTION FOR APPOINTING BOARD MEMBERS.
   3-19  (a)  Not later than the 60th day after the date a district is
   3-20  proposed by the county commissioners court <effective date of this
   3-21  Act>, the commissioners court <each group listed in Subdivisions
   3-22  (1), (3), (4), (5), and (6) of Section 2.01 of this Act> shall make
   3-23  its appointments <selection> under Section 2.01 of this Act <that
   3-24  section>.
   3-25        (b)  Not later than the 75th day after the date a district is
   3-26  proposed by the county commissioners court <effective date of this
   3-27  Act>, a temporary board shall organize.
    4-1        <(c)  Not later than the 15th day after the date on which the
    4-2  board is organized under Subsection (b) of this section, a member
    4-3  of the general public shall be selected to the temporary board as
    4-4  provided by Subdivision (7) of Section 2.01 of this Act.>
    4-5        SECTION 6.  Section 3.01, Crime Control and Prevention
    4-6  District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
    4-7  amended to read as follows:
    4-8        Sec. 3.01.  Creation Election.  A district proposed by the
    4-9  county commissioners court may be created and a tax may be
   4-10  authorized only if the creation and the tax are approved by a
   4-11  majority of the qualified voters of the proposed district voting at
   4-12  an election called and held for that purpose.
   4-13        SECTION 7.  Section 3.03, Crime Control and Prevention
   4-14  District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
   4-15  amended by adding Subsection (c) to read as follows:
   4-16        (c)  A sales and use tax approved under this Act may be
   4-17  charged in addition to any other sales and use tax authorized by
   4-18  law and is not included in computing a combined sales and use tax
   4-19  rate for purposes of any limitation provided by law on the maximum
   4-20  combined sales and use tax rate of political subdivisions.
   4-21        SECTION 8.  Section 3.08, Crime Control and Prevention
   4-22  District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
   4-23  amended to read as follows:
   4-24        Sec. 3.08.  Dissolution of Temporary Board.  If a district
   4-25  has not been created under this Act before the fifth anniversary of
   4-26  the date a district is proposed by the county commissioners court
   4-27  <effective date of this Act>, the temporary board is dissolved on
    5-1  that date and a district may not be created under this Act.
    5-2        SECTION 9.  Section 3.09, Crime Control and Prevention
    5-3  District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
    5-4  amended by adding Subsection (d) to read as follows:
    5-5        (d)  The temporary board shall coordinate its efforts with
    5-6  local law enforcement officials, the local community supervision
    5-7  and corrections department, and the local juvenile probation
    5-8  department in developing its crime control plan and budget plan.
    5-9        SECTION 10.  Section 3.10, Crime Control and Prevention
   5-10  District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
   5-11  amended to read as follows:
   5-12        Sec. 3.10.  Financing creation of district.  (a)  Except as
   5-13  provided by Subsections <Subsection> (b) and (c) of this section,
   5-14  the costs of creating a district shall be allocated as follows:
   5-15              (1)  the county shall pay 40 percent;
   5-16              (2)  the municipality having the largest population in
   5-17  the county shall pay 40 percent; and
   5-18              (3)  the municipality having the second largest
   5-19  population in the county shall pay 20 percent.
   5-20        (b)  The county and the two municipalities may contract for a
   5-21  division of the costs of creating a district that is different from
   5-22  the division of costs described in Subsection (a) of this section.
   5-23        (c)  If a district is proposed for only a portion of the
   5-24  county, the county shall pay the entire cost of creating the
   5-25  district.
   5-26        (d)  If a district is created, the district shall reimburse
   5-27  the county or <and> municipalities for actual expenses incurred in
    6-1  the creation of the district.
    6-2        SECTION 11.  Section 5.01, Crime Control and Prevention
    6-3  District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
    6-4  amended by amending Subsection (b) and adding Subsections (d) and
    6-5  (e) to read as follows:
    6-6        (b)  The district shall coordinate its efforts with local law
    6-7  enforcement officials, the local community supervision and
    6-8  corrections department, and the local juvenile probation department
    6-9  in developing its crime control and crime prevention program <may
   6-10  not:>
   6-11              <(1)  fund any program that significantly duplicates
   6-12  existing programs or programs scheduled to begin;>
   6-13              <(2)  fund any facility that unnecessarily duplicates
   6-14  existing facilities or facilities scheduled to begin operation or
   6-15  construction;>
   6-16              <(3)  fund any equipment that unnecessarily duplicates
   6-17  existing equipment or equipment scheduled to begin operation;>
   6-18              <(4)  spend on administration more than one percent of
   6-19  the amount of revenue that would be generated if the tax rate
   6-20  imposed under the sales and use tax under Section 323.105, Tax
   6-21  Code, were one-half percent;>
   6-22              <(5)  fund a program if sufficient state or other local
   6-23  funds are available to fund the program;>
   6-24              <(6)  fund a facility or equipment if sufficient state
   6-25  or other local funds are available to fund the facility or
   6-26  equipment; and>
   6-27              <(7)  continue to fund a program, facility, or
    7-1  equipment in a municipality or county if the municipality or county
    7-2  fails to maintain the same level of support for the program,
    7-3  facility, or equipment as it did the year before the district was
    7-4  created or in any following year, whichever is greater>.
    7-5        (d)  The board of directors of the district shall seek the
    7-6  assistance of the Office of State-Federal Relations in identifying
    7-7  and applying for federal grants for criminal and juvenile justice
    7-8  programs.
    7-9        (e)  The district may apply for and receive grants for
   7-10  criminal and juvenile justice programs from the criminal justice
   7-11  division in the governor's office.
   7-12        SECTION 12.  Section 8.08(a), Crime Control and Prevention
   7-13  District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
   7-14  amended to read as follows:
   7-15        (a)  A county clerk shall, on request of any person, check
   7-16  each name on a petition to determine whether the signer is a
   7-17  registered voter of the district <county>.  A person requesting
   7-18  verification by the county clerk shall pay the county clerk a sum
   7-19  equal to 20 cents per name before commencement of the verification.
   7-20        SECTION 13.  Section 9.08(a), Crime Control and Prevention
   7-21  District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
   7-22  amended to read as follows:
   7-23        (a)  A county clerk shall, on request of any person, check
   7-24  each name on a petition to determine whether the signer is a
   7-25  registered voter of the district <county>.  A person requesting
   7-26  verification by the county clerk shall pay the county clerk a sum
   7-27  equal to 20 cents per name before commencement of the verification.
    8-1        SECTION 14.  Section 323.105, Tax Code, is amended to read as
    8-2  follows:
    8-3        Sec. 323.105.  Crime Control District Tax.  (a)  Subject to
    8-4  an election held in accordance with the Crime Control and
    8-5  Prevention District Act, a county in which a crime control and
    8-6  prevention district is established shall adopt a sales and use tax
    8-7  in the area of the district for the purpose of financing the
    8-8  operation of the crime control and prevention district.  The
    8-9  revenue from the tax may be used only for the purpose of financing
   8-10  the operation of the crime control and prevention district.  The
   8-11  proposition for adopting a tax under this section and the
   8-12  proposition for creation of a crime control and prevention district
   8-13  shall be submitted at the same election.  For purposes of
   8-14  Subsection (c) of Section 323.101 of this code, a tax under this
   8-15  section is not a county sales and use tax.
   8-16        (b)  A tax adopted for <by> a district <county> under this
   8-17  section for financing the operation of the <a crime control and
   8-18  prevention> district <in the county> may be decreased in increments
   8-19  of one-fourth of one percent by order of the board of directors of
   8-20  the <crime control and prevention> district.  The rate of a tax
   8-21  adopted for <by> a district <county> under this section may be
   8-22  increased in increments of one-fourth of one percent, not to exceed
   8-23  a total tax rate of one-half percent for financing the operation of
   8-24  the crime control and prevention district, by order of the board of
   8-25  directors of the crime control and prevention district if approved
   8-26  by a majority of the qualified voters voting at an election called
   8-27  by the board and held in the district on the question of increasing
    9-1  the tax rate.  At the election, the ballot shall be printed to
    9-2  provide for voting for or against the following proposition:  "The
    9-3  increase of the ____________ County Crime Control and Prevention
    9-4  District sales and use tax rate to ____________ percent."  If there
    9-5  is an increase or decrease under this subsection in the rate of a
    9-6  tax imposed under this section, the new rate takes effect on the
    9-7  first day of the next calendar year after the expiration of one
    9-8  calendar quarter after the comptroller receives notice of the
    9-9  increase or decrease.  However, if the comptroller notifies the
   9-10  president of the board of directors of the district in writing
   9-11  within 10 days after receipt of the notification that the
   9-12  comptroller requires more time to implement reporting and
   9-13  collection procedures, the comptroller may delay implementation of
   9-14  the rate change for one whole calendar quarter.  In that event, the
   9-15  new rate takes effect on the first day of the next calendar quarter
   9-16  following the elapsed quarter.
   9-17        (c)  The comptroller shall remit to the county amounts
   9-18  collected at the rate imposed under this section as part of the
   9-19  regular allocation of county tax revenue collected by the
   9-20  comptroller.  The county shall, if the district is composed of an
   9-21  area less than the entire county, remit that amount to the
   9-22  district.  Retailers may not be required to use the allocation and
   9-23  reporting procedures in the collection of taxes under this section
   9-24  different from the procedures that retailers use in the collection
   9-25  of other sales and use taxes under this chapter.  An item,
   9-26  transaction, or service that is taxable in a county under a sales
   9-27  or use tax authorized by another section of this chapter is taxable
   10-1  under this section.  An item, transaction, or service that is not
   10-2  taxable in a county under a sales or use tax authorized by another
   10-3  section of this chapter is not taxable under this section.
   10-4        (d)  If, in a county where a crime control and prevention
   10-5  district is composed of the whole county, a county sales and use
   10-6  tax or a county sales and use tax rate increase for the purpose of
   10-7  financing a crime control and prevention district is approved, the
   10-8  county is responsible for distributing to the district that portion
   10-9  of the county sales and use tax revenue received from the
  10-10  comptroller that is to be used for the purposes of financing the
  10-11  crime control and prevention district.  Not later than the 10th day
  10-12  after the date the county receives funds under this section from
  10-13  the comptroller, the county shall make the distribution in the
  10-14  proportion that the crime control and prevention portion of the tax
  10-15  rate bears to the total sales and use tax rate of the county.  The
  10-16  amounts distributed to a crime control and prevention district are
  10-17  not considered to be sales and use tax revenue for the purpose of
  10-18  property tax reduction and computation of the county tax rate under
  10-19  Section 26.041, Tax Code.
  10-20        (e)  For purposes of the tax imposed under this section, a
  10-21  reference in this chapter to the county as the territory in which
  10-22  the tax or an incident of the tax applies means only the territory
  10-23  located in the crime control and prevention district, if that
  10-24  district is composed of an area less than an entire county.
  10-25        (f)  The comptroller may adopt rules and the county
  10-26  commissioners court may adopt orders to administer this section.
  10-27        SECTION 15.  The importance of this legislation and the
   11-1  crowded condition of the calendars in both houses create an
   11-2  emergency and an imperative public necessity that the
   11-3  constitutional rule requiring bills to be read on three several
   11-4  days in each house be suspended, and this rule is hereby suspended,
   11-5  and that this Act take effect and be in force from and after its
   11-6  passage, and it is so enacted.