1-1 By: De La Garza, et al. (Senate Sponsor - Barrientos) H.B. No. 22
1-2 (In the Senate - Received from the House April 5, 1993;
1-3 April 5, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 5, 1993, reported favorably, as
1-5 amended, by the following vote: Yeas 7, Nays 0; May 5, 1993, sent
1-6 to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE AMENDMENT NO. 1 By: Moncrief
1-21 Amend HB 22 as follows:
1-22 On page 2, line 9, replace "1.5 million" with "1 million"
1-23 COMMITTEE AMENDMENT NO. 2 By: Moncrief
1-24 Amend H.B. 22 as follows:
1-25 (1) On page 3, lines 68-70, strike the following language:
1-26 "local law enforcement officials, the local supervision and
1-27 corrections department, and the local juvenile probation
1-28 department"
1-29 and insert in lieu thereof "the local community justice
1-30 council"
1-31 COMMITTEE AMENDMENT NO. 3 By: Moncrief
1-32 Amend H.B. 22 as follows:
1-33 (1) On page 4, lines 24-27, strike the following language:
1-34 "The board of directors of the district may seek the
1-35 assistance of the Office of State-Federal Relations in identifying
1-36 and applying for federal grants for criminal and juvenile justice
1-37 programs."
1-38 and insert in lieu thereof
1-39 "The board of directors of the district shall seek the
1-40 assistance of the Office of State-Federal Relations in identifying
1-41 and applying for federal grants for criminal justice programs. The
1-42 board of directors shall notify the appropriate Council of
1-43 Government of any intent to submit applications for federal funds
1-44 and for inclusion in the regional criminal justice planning
1-45 process."
1-46 A BILL TO BE ENTITLED
1-47 AN ACT
1-48 relating to the creation and duties of a crime control and
1-49 prevention district.
1-50 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-51 SECTION 1. Section 1.05, Crime Control and Prevention
1-52 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
1-53 amended to read as follows:
1-54 Sec. 1.05. COUNTIES AUTHORIZED TO CREATE DISTRICTS. The
1-55 commissioners court in a county with a population of more than
1-56 130,000 may by majority vote propose the creation of a crime
1-57 control district. The proposal is <A crime control district is
1-58 established,> subject to a confirmation election held as provided
1-59 by Article 3 of this Act<, in a county containing:>
1-60 <(1) a population of more than 750,000 according to
1-61 the most recent federal census; and>
1-62 <(2) more than 35 incorporated municipalities
1-63 according to the most recent federal census>.
1-64 SECTION 2. The Crime Control and Prevention District Act
1-65 (Article 2370c-4, Vernon's Texas Civil Statutes) is amended by
1-66 adding Section 1.05A to read as follows:
1-67 Sec. 1.05A. CREATION OF DISTRICT BY CERTAIN MUNICIPALITIES.
1-68 A municipality that is partially or wholly located in a county with
2-1 a population of more than 1.5 million may create a crime control
2-2 district in its jurisdiction in the same manner as a county under
2-3 this Act. A crime control district created by a municipality under
2-4 this section has the same relationship with the municipality as a
2-5 crime control district created by the county under this Act has
2-6 with the county. A municipality creating a district under this
2-7 section shall pay the entire cost of creating the district but may
2-8 be reimbursed for its costs under Section 3.10(d) of this Act.
2-9 SECTION 3. Section 1.06, Crime Control and Prevention
2-10 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
2-11 amended to read as follows:
2-12 Sec. 1.06. Boundaries. The county commissioners court may
2-13 create a district composed of the whole county or a portion of the
2-14 county <A district is composed of the geographical area of the
2-15 county in which the district is created>. A district may not
2-16 contain more than one county.
2-17 SECTION 4. Section 2.01, Crime Control and Prevention
2-18 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
2-19 amended to read as follows:
2-20 Sec. 2.01. Temporary directors. The county commissioners
2-21 court shall appoint seven persons that reside in the proposed
2-22 district to <following persons> serve as temporary directors of a
2-23 proposed district<:>
2-24 <(1) a criminal district judge whose judicial district
2-25 includes a part or all of the proposed district, selected by a
2-26 majority of the judges of the district courts and criminal district
2-27 courts of judicial districts that include a part or all of the
2-28 proposed district;>
2-29 <(2) the district attorney of the county;>
2-30 <(3) the mayor or a city council member selected by
2-31 the city council of the municipality having the largest population
2-32 in the proposed district, according to the most recent federal
2-33 census;>
2-34 <(4) the mayor or a city council member selected by
2-35 the city council of the municipality having the second largest
2-36 population in the proposed district, according to the most recent
2-37 federal census;>
2-38 <(5) the mayor or a city council member of a
2-39 municipality in the proposed district, other than the two
2-40 municipalities in the proposed district having the largest
2-41 populations, selected by a majority of the mayors of municipalities
2-42 in the proposed district, other than the two municipalities having
2-43 the largest populations;>
2-44 <(6) the county judge or a county commissioner
2-45 selected by the commissioners court of the county; and>
2-46 <(7) a member of the general public, to be selected by
2-47 a majority of the six temporary directors listed in Subdivisions
2-48 (1) through (6) of this subsection>.
2-49 SECTION 5. Section 2.02, Crime Control and Prevention
2-50 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
2-51 amended to read as follows:
2-52 Sec. 2.02. Temporary chairman. The chairman of a temporary
2-53 board shall be elected by the members of the temporary board from
2-54 their membership not later than the 15th day after the date on
2-55 which the temporary directors are appointed under Section 2.01 <the
2-56 member of the general public is selected to the temporary board as
2-57 provided by Subsection (c) of Section 2.03> of this Act.
2-58 SECTION 6. Section 2.03, Crime Control and Prevention
2-59 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
2-60 amended to read as follows:
2-61 Sec. 2.03. TIME RESTRICTION FOR APPOINTING BOARD MEMBERS.
2-62 (a) Not later than the 60th day after the date a district is
2-63 proposed by the county commissioners court <effective date of this
2-64 Act>, the commissioners court <each group listed in Subdivisions
2-65 (1), (3), (4), (5), and (6) of Section 2.01 of this Act> shall make
2-66 its appointments <selection> under Section 2.01 of this Act <that
2-67 section>.
2-68 (b) Not later than the 75th day after the date a district is
2-69 proposed by the county commissioners court <effective date of this
2-70 Act>, a temporary board shall organize.
3-1 <(c) Not later than the 15th day after the date on which the
3-2 board is organized under Subsection (b) of this section, a member
3-3 of the general public shall be selected to the temporary board as
3-4 provided by Subdivision (7) of Section 2.01 of this Act.>
3-5 SECTION 7. Section 3.01, Crime Control and Prevention
3-6 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
3-7 amended to read as follows:
3-8 Sec. 3.01. Creation Election. A district proposed by the
3-9 county commissioners court may be created and a tax may be
3-10 authorized only if the creation and the tax are approved by a
3-11 majority of the qualified voters of the proposed district voting at
3-12 an election called and held for that purpose.
3-13 SECTION 8. Section 3.03, Crime Control and Prevention
3-14 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
3-15 amended by adding Subsection (c) to read as follows:
3-16 (c) A sales and use tax approved under this Act may be
3-17 charged in addition to any other sales and use tax authorized by
3-18 law and is included in computing a combined sales and use tax rate
3-19 for purposes of any limitation provided by law on the maximum
3-20 combined sales and use tax rate of political subdivisions.
3-21 SECTION 9. Section 3.08, Crime Control and Prevention
3-22 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
3-23 amended to read as follows:
3-24 Sec. 3.08. Dissolution of Temporary Board. If a district
3-25 has not been created under this Act before the fifth anniversary of
3-26 the date a district is proposed by the county commissioners court
3-27 <effective date of this Act>, the temporary board is dissolved on
3-28 that date and a district may not be created under this Act.
3-29 SECTION 10. Section 3.09, Crime Control and Prevention
3-30 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
3-31 amended by adding Subsection (d) to read as follows:
3-32 (d) The temporary board shall coordinate its efforts with
3-33 local law enforcement officials, the local community supervision
3-34 and corrections department, and the local juvenile probation
3-35 department in developing its crime control plan and budget plan.
3-36 SECTION 11. Section 3.10, Crime Control and Prevention
3-37 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
3-38 amended to read as follows:
3-39 Sec. 3.10. Financing creation of district. (a) Except as
3-40 provided by Subsections <Subsection> (b) and (c) of this section,
3-41 the costs of creating a district shall be allocated as follows:
3-42 (1) the county shall pay 40 percent;
3-43 (2) the municipality having the largest population in
3-44 the county shall pay 40 percent; and
3-45 (3) the municipality having the second largest
3-46 population in the county shall pay 20 percent.
3-47 (b) The county and the two municipalities may contract for a
3-48 division of the costs of creating a district that is different from
3-49 the division of costs described in Subsection (a) of this section.
3-50 (c) If a district is proposed for only a portion of the
3-51 county, the county shall pay the entire cost of creating the
3-52 district.
3-53 (d) If a district is created, the district shall reimburse
3-54 the county or <and> municipalities for actual expenses incurred in
3-55 the creation of the district.
3-56 SECTION 12. Section 5.01, Crime Control and Prevention
3-57 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
3-58 amended by amending Subsection (b) and adding Subsections (d) and
3-59 (e) to read as follows:
3-60 (b) The district shall coordinate its efforts with local law
3-61 enforcement officials, the local community supervision and
3-62 corrections department, and the local juvenile probation department
3-63 in developing its crime control and crime prevention program <may
3-64 not:>
3-65 <(1) fund any program that significantly duplicates
3-66 existing programs or programs scheduled to begin;>
3-67 <(2) fund any facility that unnecessarily duplicates
3-68 existing facilities or facilities scheduled to begin operation or
3-69 construction;>
3-70 <(3) fund any equipment that unnecessarily duplicates
4-1 existing equipment or equipment scheduled to begin operation;>
4-2 <(4) spend on administration more than one percent of
4-3 the amount of revenue that would be generated if the tax rate
4-4 imposed under the sales and use tax under Section 323.105, Tax
4-5 Code, were one-half percent;>
4-6 <(5) fund a program if sufficient state or other local
4-7 funds are available to fund the program;>
4-8 <(6) fund a facility or equipment if sufficient state
4-9 or other local funds are available to fund the facility or
4-10 equipment; and>
4-11 <(7) continue to fund a program, facility, or
4-12 equipment in a municipality or county if the municipality or county
4-13 fails to maintain the same level of support for the program,
4-14 facility, or equipment as it did the year before the district was
4-15 created or in any following year, whichever is greater>.
4-16 (d) The board of directors of the district shall seek the
4-17 assistance of the Office of State-Federal Relations in identifying
4-18 and applying for federal grants for criminal and juvenile justice
4-19 programs.
4-20 (e) The district may apply for and receive grants for
4-21 criminal and juvenile justice programs from the criminal justice
4-22 division in the governor's office.
4-23 SECTION 13. Section 8.08(a), Crime Control and Prevention
4-24 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
4-25 amended to read as follows:
4-26 (a) A county clerk shall, on request of any person, check
4-27 each name on a petition to determine whether the signer is a
4-28 registered voter of the district <county>. A person requesting
4-29 verification by the county clerk shall pay the county clerk a sum
4-30 equal to 20 cents per name before commencement of the verification.
4-31 SECTION 14. Section 9.08(a), Crime Control and Prevention
4-32 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
4-33 amended to read as follows:
4-34 (a) A county clerk shall, on request of any person, check
4-35 each name on a petition to determine whether the signer is a
4-36 registered voter of the district <county>. A person requesting
4-37 verification by the county clerk shall pay the county clerk a sum
4-38 equal to 20 cents per name before commencement of the verification.
4-39 SECTION 15. Section 323.105, Tax Code, is amended to read as
4-40 follows:
4-41 Sec. 323.105. Crime Control District Tax. (a) Subject to
4-42 an election held in accordance with the Crime Control and
4-43 Prevention District Act, a county in which a crime control and
4-44 prevention district is established shall adopt a sales and use tax
4-45 in the area of the district for the purpose of financing the
4-46 operation of the crime control and prevention district. The
4-47 revenue from the tax may be used only for the purpose of financing
4-48 the operation of the crime control and prevention district. The
4-49 proposition for adopting a tax under this section and the
4-50 proposition for creation of a crime control and prevention district
4-51 shall be submitted at the same election. For purposes of
4-52 Subsection (c) of Section 323.101 of this code, a tax under this
4-53 section is not a county sales and use tax.
4-54 (b) A tax adopted for <by> a district <county> under this
4-55 section for financing the operation of the <a crime control and
4-56 prevention> district <in the county> may be decreased in increments
4-57 of one-fourth of one percent by order of the board of directors of
4-58 the <crime control and prevention> district. The rate of a tax
4-59 adopted for <by> a district <county> under this section may be
4-60 increased in increments of one-fourth of one percent, not to exceed
4-61 a total tax rate of one-half percent for financing the operation of
4-62 the crime control and prevention district, by order of the board of
4-63 directors of the crime control and prevention district if approved
4-64 by a majority of the qualified voters voting at an election called
4-65 by the board and held in the district on the question of increasing
4-66 the tax rate. At the election, the ballot shall be printed to
4-67 provide for voting for or against the following proposition: "The
4-68 increase of the ____________ County Crime Control and Prevention
4-69 District sales and use tax rate to ____________ percent." If there
4-70 is an increase or decrease under this subsection in the rate of a
5-1 tax imposed under this section, the new rate takes effect on the
5-2 first day of the next calendar year after the expiration of one
5-3 calendar quarter after the comptroller receives notice of the
5-4 increase or decrease. However, if the comptroller notifies the
5-5 president of the board of directors of the district in writing
5-6 within 10 days after receipt of the notification that the
5-7 comptroller requires more time to implement reporting and
5-8 collection procedures, the comptroller may delay implementation of
5-9 the rate change for one whole calendar quarter. In that event, the
5-10 new rate takes effect on the first day of the next calendar quarter
5-11 following the elapsed quarter.
5-12 (c) The comptroller shall remit to the county amounts
5-13 collected at the rate imposed under this section as part of the
5-14 regular allocation of county tax revenue collected by the
5-15 comptroller. The county shall, if the district is composed of an
5-16 area less than the entire county, remit that amount to the
5-17 district. Retailers may not be required to use the allocation and
5-18 reporting procedures in the collection of taxes under this section
5-19 different from the procedures that retailers use in the collection
5-20 of other sales and use taxes under this chapter. An item,
5-21 transaction, or service that is taxable in a county under a sales
5-22 or use tax authorized by another section of this chapter is taxable
5-23 under this section. An item, transaction, or service that is not
5-24 taxable in a county under a sales or use tax authorized by another
5-25 section of this chapter is not taxable under this section.
5-26 (d) If, in a county where a crime control and prevention
5-27 district is composed of the whole county, a county sales and use
5-28 tax or a county sales and use tax rate increase for the purpose of
5-29 financing a crime control and prevention district is approved, the
5-30 county is responsible for distributing to the district that portion
5-31 of the county sales and use tax revenue received from the
5-32 comptroller that is to be used for the purposes of financing the
5-33 crime control and prevention district. Not later than the 10th day
5-34 after the date the county receives funds under this section from
5-35 the comptroller, the county shall make the distribution in the
5-36 proportion that the crime control and prevention portion of the tax
5-37 rate bears to the total sales and use tax rate of the county. The
5-38 amounts distributed to a crime control and prevention district are
5-39 not considered to be sales and use tax revenue for the purpose of
5-40 property tax reduction and computation of the county tax rate under
5-41 Section 26.041, Tax Code.
5-42 (e) For purposes of the tax imposed under this section, a
5-43 reference in this chapter to the county as the territory in which
5-44 the tax or an incident of the tax applies means only the territory
5-45 located in the crime control and prevention district, if that
5-46 district is composed of an area less than an entire county.
5-47 (f) The comptroller may adopt rules and the county
5-48 commissioners court may adopt orders to administer this section.
5-49 SECTION 16. The importance of this legislation and the
5-50 crowded condition of the calendars in both houses create an
5-51 emergency and an imperative public necessity that the
5-52 constitutional rule requiring bills to be read on three several
5-53 days in each house be suspended, and this rule is hereby suspended,
5-54 and that this Act take effect and be in force from and after its
5-55 passage, and it is so enacted.
5-56 * * * * *
5-57 Austin,
5-58 Texas
5-59 May 5, 1993
5-60 Hon. Bob Bullock
5-61 President of the Senate
5-62 Sir:
5-63 We, your Committee on Intergovernmental Relations to which was
5-64 referred H.B. No. 22, have had the same under consideration, and I
5-65 am instructed to report it back to the Senate with the
5-66 recommendation that it do pass, as amended, and be printed.
5-67 Armbrister,
5-68 Chairman
5-69 * * * * *
5-70 WITNESSES
6-1 FOR AGAINST ON
6-2 ___________________________________________________________________
6-3 Name: Joe Paniagua x
6-4 Representing: City of Fort Worth
6-5 City: Fort Worth
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