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.
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