1-1 By: Coleman (Senate Sponsor - Patterson) H.B. No. 2446
1-2 (In the Senate - Received from the House May 1, 1995;
1-3 May 2, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 12, 1995, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 12, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the authority of a municipal utility district to assess
1-9 a charge for providing peace officers in the district.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 54.210, Water Code, is amended to read as
1-12 follows:
1-13 Sec. 54.210. Enforcement by Peace Officers; ASSESSMENT OF
1-14 CHARGES. (a) A district may employ its own peace officers with
1-15 power to<:>
1-16 <(1)> make arrests when necessary within the district
1-17 to prevent or abate the commission of any offense against the rules
1-18 of the district or <and> against the laws of the state <when the
1-19 offense or threatened offense occurs on any land, water, or
1-20 easement owned or controlled by the district; and>
1-21 <(2) make an arrest in case of an offense involving
1-22 injury or detriment to any property owned or controlled by the
1-23 district>.
1-24 (b) Subject to the requirements of Section 54.2101, a
1-25 district may impose an additional monthly charge on services
1-26 provided by the district in an initial amount not to exceed $5 for
1-27 each customer to pay for the provision of peace officers under this
1-28 section and may increase the amount of that charge as necessary.
1-29 SECTION 2. Subchapter D, Chapter 54, Water Code, is amended
1-30 by adding Section 54.2101 to read as follows:
1-31 Sec. 54.2101. ELECTION REQUIRED; INCREASE IN AMOUNT. (a)
1-32 Before a district may impose a charge as authorized by Section
1-33 54.210(b), an election on the charge must be held in the district.
1-34 A district may not impose a charge unless the charge is approved by
1-35 a majority of the qualified voters of the district.
1-36 (b) Notice of an election under this section shall be given
1-37 in the same manner as notice of an election of directors under this
1-38 chapter.
1-39 (c) The election shall be held at the same time in the same
1-40 manner prescribed for the election of directors under this chapter.
1-41 (d) The ballots shall be printed to provide for voting for
1-42 or against the proposition: "The assessment of a monthly charge to
1-43 pay for the provision of peace officers."
1-44 (e) After the initial assessment of a charge has been
1-45 approved in an election under this section, the board of directors
1-46 subsequently may increase the amount of the charge without an
1-47 election on the increase.
1-48 SECTION 3. The importance of this legislation and the
1-49 crowded condition of the calendars in both houses create an
1-50 emergency and an imperative public necessity that the
1-51 constitutional rule requiring bills to be read on three several
1-52 days in each house be suspended, and this rule is hereby suspended,
1-53 and that this Act take effect and be in force from and after its
1-54 passage, and it is so enacted.
1-55 * * * * *