74R9758 MI-D
By Coleman H.B. No. 2446
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a municipal utility district to assess
1-3 a charge for providing peace officers in the district.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 54.210, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 54.210. Enforcement by Peace Officers; ASSESSMENT OF
1-8 CHARGES. (a) A district may employ its own peace officers with
1-9 power to<:>
1-10 <(1)> make arrests when necessary within the district
1-11 to prevent or abate the commission of any offense against the rules
1-12 of the district or <and> against the laws of the state <when the
1-13 offense or threatened offense occurs on any land, water, or
1-14 easement owned or controlled by the district; and>
1-15 <(2) make an arrest in case of an offense involving
1-16 injury or detriment to any property owned or controlled by the
1-17 district>.
1-18 (b) Subject to the requirements of Section 54.2101, a
1-19 district may impose an additional monthly charge on services
1-20 provided by the district in an initial amount not to exceed $5 for
1-21 each customer to pay for the provision of peace officers under this
1-22 section and may increase the amount of that charge as necessary.
1-23 SECTION 2. Subchapter D, Chapter 54, Water Code, is amended
1-24 by adding Section 54.2101 to read as follows:
2-1 Sec. 54.2101. ELECTION REQUIRED; INCREASE IN AMOUNT. (a)
2-2 Before a district may impose a charge as authorized by Section
2-3 54.210(b), an election on the charge must be held in the district.
2-4 A district may not impose a charge unless the charge is approved by
2-5 a majority of the qualified voters of the district.
2-6 (b) Notice of an election under this section shall be given
2-7 in the same manner as notice of an election of directors under this
2-8 chapter.
2-9 (c) The election shall be held at the same time in the same
2-10 manner prescribed for the election of directors under this chapter.
2-11 (d) The ballots shall be printed to provide for voting for
2-12 or against the proposition: "The assessment of a monthly charge to
2-13 pay for the provision of peace officers."
2-14 (e) After the initial assessment of a charge has been
2-15 approved in an election under this section, the board of directors
2-16 subsequently may increase the amount of the charge without an
2-17 election on the increase.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.