By Coleman H.B. No. 2446
74R5766 MI-D
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. A district may increase the charge each year by a
1-23 percentage equal to the percentage by which the consumer price
1-24 index for that year exceeds the consumer price index for the
2-1 preceding year.
2-2 (c) A district may enforce the collection of charges imposed
2-3 under this section by the termination of other district services or
2-4 as provided by Section 54.209 for violation of district rules.
2-5 (d) In this section, "consumer price index" means the
2-6 Consumer Price Index for All Urban Consumers published by the
2-7 Bureau of Labor Statistics, United States Department of Labor.
2-8 SECTION 2. Subchapter D, Chapter 54, Water Code, is amended
2-9 by adding Section 54.2101 to read as follows:
2-10 Sec. 54.2101. ELECTION REQUIRED. (a) Before a district may
2-11 impose a charge as authorized by Section 54.210(b), and election on
2-12 the charge must be held in the district. A district may not impose
2-13 a charge unless the charge is approved by a majority of the
2-14 qualified voters of the district.
2-15 (b) Notice of an election under this section shall be given
2-16 as provided for confirmation and bond elections under this chapter.
2-17 (c) The election shall be held in the manner prescribed for
2-18 confirmation and bond elections under this chapter.
2-19 (d) The ballots shall be printed to provide for voting for
2-20 or against the proposition: "The assessment of a monthly charge to
2-21 pay for the provision of peace officers."
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended,
2-27 and that this Act take effect and be in force from and after its
3-1 passage, and it is so enacted.