By Junell H.B. No. 3054 74R6825 CLG-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of crime control and prevention districts 1-3 in certain municipalities; authorizing certain taxes. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 44, Revised Statutes, is amended by adding 1-6 Article 2370c-5 to read as follows: 1-7 Art. 2370c-5. MUNICIPAL CRIME CONTROL AND PREVENTION 1-8 DISTRICTS 1-9 ARTICLE 1. GENERAL PROVISIONS 1-10 Sec. 1.01. SHORT TITLE. This Act may be cited as the 1-11 Municipal Crime Control and Prevention District Act. 1-12 Sec. 1.02. DEFINITIONS. In this Act: 1-13 (1) "Board" means the board of directors of the 1-14 district. 1-15 (2) "Director" means a member of the board. 1-16 (3) "District" means a municipal crime control and 1-17 prevention district created under this Act. 1-18 (4) "Municipal secretary" means the secretary of the 1-19 municipality in which a district is created under this Act, or if 1-20 there is no secretary, the person who performs the functions of the 1-21 secretary. 1-22 (5) "Municipal treasurer" means the treasurer of the 1-23 municipality in which a district is created under this Act, or if 1-24 there is no treasurer, the person who performs the functions of the 2-1 treasurer. 2-2 Sec. 1.03. CERTAIN MUNICIPALITIES AUTHORIZED TO CREATE 2-3 DISTRICTS. (a) The governing body of a municipality with a 2-4 population of more than 75,000, by ordinance may create a crime 2-5 control district, subject to a confirmation election held as 2-6 provided by Article 3 of this Act, with boundaries coextensive with 2-7 the territorial boundaries of the municipality. 2-8 (b) A district may not contain more than one municipality. 2-9 ARTICLE 2. TEMPORARY DIRECTORS 2-10 Sec. 2.01. TEMPORARY DIRECTORS; PRESIDING OFFICER. (a) Not 2-11 later than the 60th day after the date a district is created by the 2-12 municipality's governing body, each member of the governing body 2-13 shall appoint one person to serve as a temporary director of the 2-14 district. 2-15 (b) Not later than the 75th day after the date a district is 2-16 created by the municipality's governing body, the temporary board 2-17 shall organize and elect a presiding officer from the membership. 2-18 Sec. 2.02. VACANCY IN OFFICE. A vacancy in the office of 2-19 temporary director shall be filled in the same manner that the 2-20 vacant position was originally filled. 2-21 ARTICLE 3. CREATION OF DISTRICTS 2-22 Sec. 3.01. CONFIRMATION ELECTION. A district may be created 2-23 and a sales and use tax may be authorized only if the creation is 2-24 confirmed and the tax is approved by a majority of the qualified 2-25 voters of the district voting at an election called and held for 2-26 that purpose. 2-27 Sec. 3.02. ORDERING ELECTION. After a majority of the 3-1 temporary directors of a district have approved a budget plan and a 3-2 crime control plan in accordance with Section 3.09 of this Act, and 3-3 after the municipality's governing body has reviewed and voted by 3-4 resolution to support the budget plan and crime control plan, a 3-5 majority of the temporary directors may order that a confirmation 3-6 election be held. 3-7 Sec. 3.03. ELECTION ORDER. (a) An order calling an 3-8 election under Section 3.02 of this Act must state: 3-9 (1) the nature of the election, including the 3-10 proposition that is to appear on the ballot; 3-11 (2) the date of the election; 3-12 (3) the hours during which the polls will be open; 3-13 (4) the location of the polling places; 3-14 (5) in summary form, the approved budget plan and 3-15 crime control plan of the district; and 3-16 (6) the proposed rate of the sales and use tax for the 3-17 district. 3-18 (b) The proposed rate for the district sales and use tax 3-19 imposed under Subchapter B, Chapter 321, Tax Code, may be only: 3-20 (1) one-eighth of one percent; 3-21 (2) one-fourth of one percent; 3-22 (3) three-eighths of one percent; or 3-23 (4) one-half of one percent. 3-24 (c) A district may not adopt a sales and use tax if adoption 3-25 at the rate proposed would result in a combined local sales and use 3-26 tax rate of more than two percent in any location in the district. 3-27 Sec. 3.04. NOTICE. The temporary directors of a district 4-1 shall give notice of a confirmation election by publishing a 4-2 substantial copy of the election order in a newspaper with general 4-3 circulation in the district once a week for two consecutive weeks. 4-4 The first publication must appear at least 35 days before the date 4-5 set for the election. 4-6 Sec. 3.05. ELECTION DATE. (a) A confirmation election 4-7 shall be held not less than 35 days nor more than 60 days after the 4-8 date on which the election is ordered. 4-9 (b) Section 41.001(a), Election Code, does not apply to a 4-10 confirmation election ordered under this Act. 4-11 Sec. 3.06. BALLOT PROPOSITION. The ballot for a 4-12 confirmation election shall be printed to permit voting for or 4-13 against the proposition: "The creation of the (insert the 4-14 name of the municipality) Crime Control and Prevention District 4-15 dedicated to crime reduction programs and the adoption of a 4-16 proposed local sales and use tax at a rate of (the rate 4-17 specified in the election order)." 4-18 Sec. 3.07. CANVASSING RETURNS. (a) Not earlier than the 4-19 second day or later than the 13th day after the date of a 4-20 confirmation election, the temporary board of a district shall meet 4-21 and canvass the returns of the election. 4-22 (b) If the temporary board finds that the election results 4-23 are favorable to the proposition to confirm the creation of the 4-24 district, the temporary board shall issue an order declaring the 4-25 district created. 4-26 (c) If the temporary board finds that the election results 4-27 are not favorable to the proposition to confirm the creation of the 5-1 district, the temporary board may not order another election on the 5-2 matter before the first anniversary of the date of the preceding 5-3 election on that question. 5-4 Sec. 3.08. DISSOLUTION OF TEMPORARY BOARD. If the creation 5-5 of the district has not been confirmed under this Act before the 5-6 fifth anniversary of the date a district is created by the 5-7 municipality's governing body, the temporary board is dissolved on 5-8 that date and the creation of the district may not be confirmed 5-9 under this Act. 5-10 Sec. 3.09. CRIME CONTROL PLAN AND BUDGET PLAN. (a) The 5-11 temporary board of a district shall formulate and approve a 5-12 two-year crime control plan and a two-year budget plan. The crime 5-13 control plan must include: 5-14 (1) a detailed list of the crime control and crime 5-15 prevention strategies to be supported by the district; and 5-16 (2) the method of annually evaluating the 5-17 effectiveness and efficiency of individual crime control and crime 5-18 prevention strategies. 5-19 (b) The budget plan must include: 5-20 (1) the amount of money budgeted by the district for 5-21 each crime control and crime prevention strategy; 5-22 (2) the amount of money budgeted by the district and 5-23 the percentage of the total budget of the district for 5-24 administration, with individual amounts on how much of the 5-25 administration would be conducted by the district and how much 5-26 would be conducted by private or public entities; 5-27 (3) the estimated amount of money available to the 6-1 district from all sources during the ensuing year; 6-2 (4) the amount of balances expected at the end of the 6-3 years for which the budget is prepared; and 6-4 (5) the estimated tax rate that will be required. 6-5 (c) The crime control plan and budget plan must be adopted 6-6 in the same manner as provided for adoption of a proposed annual 6-7 budget under Section 6.05 of this Act. 6-8 (d) The temporary board shall coordinate its efforts with 6-9 local law enforcement officials in developing its crime control 6-10 plan and budget plan. 6-11 Sec. 3.10. FINANCING CREATION OF DISTRICT. (a) A 6-12 municipality creating a district under this Act shall pay the 6-13 entire cost of creating the district. 6-14 (b) If the creation of the district is confirmed, the 6-15 district shall reimburse the municipality for actual expenses 6-16 incurred in the creation and confirmation of the district. 6-17 Sec. 3.11. DONATIONS, GIFTS, AND ENDOWMENTS. On behalf of a 6-18 district, the temporary board may accept donations, gifts, and 6-19 endowments to be held in trust for any purpose and under any 6-20 direction, limitation, or provision prescribed in writing by the 6-21 donor that is consistent with this Act and the proper management of 6-22 the district. 6-23 ARTICLE 4. DISTRICT ADMINISTRATION 6-24 Sec. 4.01. BOARD OF DIRECTORS. (a) A district is governed 6-25 by a board of directors. The number of members of the board of 6-26 directors coincides with the number of members of the governing 6-27 body of the municipality in which the district is located. 7-1 (b) One director is appointed by each member of the 7-2 governing body of the municipality for a term that coincides with 7-3 the term of the member that appointed the director, unless the 7-4 member serves for a term that is longer than two years. 7-5 (c) If a member of the governing body serves for a term that 7-6 is longer than two years, a director appointed by the member serves 7-7 for a two-year term. 7-8 (d) If the office of the member that appointed a director 7-9 becomes vacant, the term of the director appointed by that member 7-10 expires on the date the member's service on the governing body 7-11 ends. 7-12 Sec. 4.02. BOND. (a) Before assuming the duties of the 7-13 office, each director must execute a bond for $5,000 payable to the 7-14 district, conditioned on the faithful performance of the person's 7-15 duties as director. 7-16 (b) The bond shall be kept in the permanent records of the 7-17 district. 7-18 (c) A board may pay for the bonds of the directors with 7-19 district funds. 7-20 Sec. 4.03. BOARD VACANCY. A vacancy in the office of 7-21 director shall be filled for the unexpired term in the same manner 7-22 that the vacant position was originally filled. 7-23 Sec. 4.04. OFFICERS. A board shall elect from among its 7-24 members a president and vice president. The board shall also 7-25 appoint a secretary. The municipal secretary shall serve as 7-26 secretary for the district. The municipal treasurer shall serve as 7-27 treasurer for the district. 8-1 Sec. 4.05. OFFICERS' TERMS; VACANCY. (a) Each officer of a 8-2 board serves for a term of one year. 8-3 (b) A vacancy in a board office shall be filled for the 8-4 unexpired term by the board. 8-5 Sec. 4.06. COMPENSATION. Directors and officers serve 8-6 without compensation, but all directors and officers may be 8-7 reimbursed for actual expenses incurred in the performance of 8-8 official duties. Those expenses must be reported in the district's 8-9 minute book or other district records and must be approved by the 8-10 board. 8-11 Sec. 4.07. VOTING REQUIREMENT. A concurrence of a majority 8-12 of the members of a board is necessary in matters relating to the 8-13 business of a district. A two-thirds majority vote of the board is 8-14 required to reject any application submitted by the governing body 8-15 of the municipality in which the district is located for funding 8-16 available under this Act. 8-17 Sec. 4.08. ADMINISTRATION. The board may contract with a 8-18 public agency or private vendor to assist in the administration or 8-19 management of the district or to assist in the review of 8-20 applications for funding available under this Act. 8-21 ARTICLE 5. POWERS AND DUTIES 8-22 Sec. 5.01. DISTRICT RESPONSIBILITIES; LIMITATIONS ON 8-23 EXPENDITURES. (a) A district may finance all the costs of a crime 8-24 control and crime prevention program, including the costs for 8-25 personnel, administration, expansion, enhancement, and capital 8-26 expenditures. A program may include: 8-27 (1) police and law enforcement related programs, 9-1 including: 9-2 (A) a multijurisdictional crime analysis center; 9-3 (B) mobile crime analysis units; 9-4 (C) crime stoppers telephone lines; 9-5 (D) united property-marking programs; 9-6 (E) home security inspection programs; 9-7 (F) an automated fingerprint analysis center; 9-8 (G) an enhanced radio dispatch center; 9-9 (H) a computerized criminal history system; 9-10 (I) enhanced information systems programs; 9-11 (J) a drug and chemical disposal center; 9-12 (K) a crime lab or medical examiner's lab; and 9-13 (L) a regional law enforcement training center; 9-14 (2) community-related crime prevention strategies, 9-15 including: 9-16 (A) block watch programs; 9-17 (B) a community crime resistance program; 9-18 (C) school-police programs; 9-19 (D) senior citizen community safety programs; 9-20 (E) senior citizen anti-crime networks; 9-21 (F) citizen crime-reporting projects; 9-22 (G) home alert programs; 9-23 (H) a police-community cooperation program; 9-24 (I) a radio alert program; and 9-25 (J) ride along programs; 9-26 (3) specific treatment and prevention programs, 9-27 including: 10-1 (A) positive peer group interaction programs; 10-2 (B) drug and alcohol awareness programs; 10-3 (C) family violence centers in the municipality; 10-4 (D) work incentive programs; 10-5 (E) social learning centers; 10-6 (F) transitional aid centers and preparole 10-7 centers; 10-8 (G) guided group interaction programs; 10-9 (H) social development centers; 10-10 (I) street gang intervention centers; 10-11 (J) predelinquency intervention centers; 10-12 (K) school relations bureaus; 10-13 (L) integrated community education systems; 10-14 (M) steered straight programs; 10-15 (N) probation subsidy programs; 10-16 (O) Juvenile Offenders Learn Truth (JOLT) 10-17 programs; 10-18 (P) reformatory visitation programs; 10-19 (Q) juvenile awareness programs; 10-20 (R) shock incarceration; 10-21 (S) shock probation; 10-22 (T) community restitution programs; 10-23 (U) team probation; 10-24 (V) electronic monitoring programs; 10-25 (W) community improvement programs; 10-26 (X) at home arrest; 10-27 (Y) victim restitution programs; and 11-1 (Z) additional probation or parole officers; 11-2 (4) court and prosecution services, including: 11-3 (A) court watch programs; 11-4 (B) community arbitration and mediation centers; 11-5 (C) night prosecutors programs; 11-6 (D) automated legal research systems; 11-7 (E) an automated court management system; 11-8 (F) a criminal court administrator; 11-9 (G) an automated court reporting system; 11-10 (H) additional municipal courts; and 11-11 (I) additional prosecutors and staff; and 11-12 (5) additional jails, jailers, guards, and other 11-13 necessary staff. 11-14 (b) The district shall coordinate its efforts with the local 11-15 community justice council in developing its crime control and crime 11-16 prevention program. 11-17 (c) The district shall fund an annual evaluation program to 11-18 study the effect, efficiency, and effectiveness of new or expanded 11-19 crime control and crime prevention programs. 11-20 (d) The board may seek the assistance of the Office of 11-21 State-Federal Relations in identifying and applying for federal 11-22 grants for criminal justice programs. The board shall notify the 11-23 appropriate council of government of any intent to submit an 11-24 application for federal funds for inclusion in the regional 11-25 criminal justice planning process. 11-26 (e) The district may apply for and receive grants for 11-27 criminal and juvenile justice programs from the criminal justice 12-1 division in the governor's office. 12-2 Sec. 5.02. MANAGEMENT, CONTROL, AND ADMINISTRATION. Except 12-3 as provided by Section 6.06 of this Act, a board shall manage, 12-4 control, and administer the district funds. 12-5 Sec. 5.03. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE. A board 12-6 is subject to Chapters 551 and 2001, Government Code. 12-7 Sec. 5.04. LIABILITY. A director is not liable for civil 12-8 damages or criminal prosecution for any act performed in good faith 12-9 in the execution of duties as a director or for an action taken by 12-10 the board. 12-11 Sec. 5.05. DISTRICT RULES. A board may adopt rules 12-12 governing district-funded programs and the duties, functions, and 12-13 responsibilities of district staff and employees. Rules adopted 12-14 under this section may not conflict with the rules relating to 12-15 employees of the municipality in which the district is located. 12-16 Sec. 5.06. METHODS AND PROCEDURES. (a) A board may 12-17 prescribe the method of making purchases and expenditures by and 12-18 for the district; however, the board may enter purchasing contracts 12-19 that involve spending more than $15,000 only after competitive 12-20 bidding as provided by Subchapter B, Chapter 252, Local Government 12-21 Code, to the extent those provisions can be made applicable to the 12-22 board. 12-23 (b) The board may prescribe accounting and control 12-24 procedures for the district. 12-25 (c) The municipal purchasing agent shall serve as purchasing 12-26 agent for the district. 12-27 Sec. 5.07. DISTRICT PROPERTY, FACILITIES, AND EQUIPMENT. 13-1 The board may acquire or lease property, facilities, or equipment 13-2 for the sole purpose of administering the district. 13-3 Sec. 5.08. REIMBURSEMENT FOR SERVICES. (a) A county or 13-4 municipality located entirely outside the boundaries of the 13-5 district shall, on request, reimburse a district for the district's 13-6 cost of including in a district program a resident of that county 13-7 or municipality. 13-8 (b) The board may require reimbursement from the state for 13-9 the district's cost of including in a district program or facility 13-10 a person who is a resident of the state but who is not a resident 13-11 of the district. 13-12 (c) On behalf of the district, the board may contract with a 13-13 municipal or county government or with the state or federal 13-14 government for the municipal, county, state, or federal government 13-15 to reimburse the district for including a person in a district 13-16 program. 13-17 Sec. 5.09. SERVICE CONTRACTS. When acting on behalf of a 13-18 district, the board may contract with a municipality, county, 13-19 special district, or other political subdivision of the state, with 13-20 a state or federal agency, with individuals, and with private 13-21 entities to furnish the staff, facilities, equipment, programs, and 13-22 services the board considers necessary for the effective operation 13-23 of the district. 13-24 Sec. 5.10. Donations, grants, and endowments. On behalf of 13-25 the district, the board may accept donations, grants, and 13-26 endowments to be held in trust for any purpose and under any 13-27 direction, limitation, or provision prescribed in writing by the 14-1 donor that is consistent with this Act and the proper management of 14-2 the district. 14-3 Sec. 5.11. Authority to sue and be sued. A board may sue 14-4 and be sued in the name of the district. 14-5 ARTICLE 6. DISTRICT FINANCES 14-6 Sec. 6.01. Fiscal year. (a) A district is operated on a 14-7 fiscal year established by the board. 14-8 (b) A fiscal year may not be changed more than once in a 14-9 24-month period. 14-10 Sec. 6.02. Annual audit. Annually, a board shall have an 14-11 audit made of the financial condition of the district by an 14-12 independent auditor. 14-13 Sec. 6.03. District audit and records. An annual audit and 14-14 other district records are open to inspection during regular 14-15 business hours at the principal office of the district. 14-16 Sec. 6.04. Annual budget. (a) The board shall prepare a 14-17 proposed annual budget subject to the provisions of Section 6.05 of 14-18 this Act. In preparing the budget, the board shall consider the 14-19 applications submitted by the chief administrative officer of the 14-20 municipality in which the district is created, with the consent of 14-21 the municipality's governing body, for program funding. 14-22 (b) The proposed budget must contain a complete financial 14-23 statement, including a statement of: 14-24 (1) the outstanding obligations of the district; 14-25 (2) the amount of cash on hand to the credit of each 14-26 fund of the district; 14-27 (3) the amount of money received by the district from 15-1 all sources during the previous year; 15-2 (4) the estimated amount of money available to the 15-3 district from all sources during the current fiscal year; 15-4 (5) the amount of money needed to fund programs 15-5 approved for funding by the board; 15-6 (6) the amount of money requested for programs that 15-7 were not approved for funding by the board; 15-8 (7) the tax rate for the next fiscal year; 15-9 (8) the amount of the balances expected at the end of 15-10 the year in which the budget is being prepared; and 15-11 (9) the estimated amount of revenues and balances 15-12 available to cover the proposed budget. 15-13 Sec. 6.05. Notice; board hearing; adoption of budget. (a) 15-14 Not later than the 100th day before the beginning of each fiscal 15-15 year, a board shall hold a public hearing on the proposed annual 15-16 budget. 15-17 (b) The board shall publish notice of the hearing in a 15-18 newspaper with general circulation in the district not later than 15-19 the 10th day before the date of the hearing. 15-20 (c) Any resident of the district is entitled to be present 15-21 and participate at the hearing. 15-22 (d) Not later than the 80th day before the beginning of each 15-23 fiscal year, the board shall adopt a budget. The board may make 15-24 any changes in the proposed budget that in its judgment the 15-25 interests of the taxpayers demand. 15-26 (e) The board shall submit the budget to the governing body 15-27 of the municipality in which the district is located not later than 16-1 the 10th day after the date the budget is adopted. 16-2 (f) The board by rule may develop and adopt procedures for 16-3 adopting a budget different from the procedures outlined in this 16-4 article, but the board must hold public hearings relating to the 16-5 budget. 16-6 Sec. 6.06. Notice; hearing; approval or rejection of budget. 16-7 (a) Not later than the 45th day before the beginning of each 16-8 fiscal year, the governing body of the municipality in which a 16-9 district is located shall hold a public hearing on the proposed 16-10 annual budget. 16-11 (b) The governing body shall publish notice of the hearing 16-12 in a newspaper with general circulation in the district not later 16-13 than the 10th day before the date of the hearing. 16-14 (c) Any resident of the district is entitled to be present 16-15 and to participate at the hearing. 16-16 (d) The governing body shall approve or reject the budget 16-17 submitted by the board not later than the 30th day before the 16-18 beginning of the fiscal year. The governing body may not amend the 16-19 budget. 16-20 (e) If the governing body rejects the budget submitted by 16-21 the board, the governing body and the board shall meet and together 16-22 amend and approve the budget before the beginning of the fiscal 16-23 year. 16-24 (f) The budget may be amended after the beginning of the 16-25 fiscal year on approval by the board and the governing body. 16-26 Sec. 6.07. Limitation on expenditures. Money may be spent 16-27 only for an expense included in an annual budget or an amendment to 17-1 it. 17-2 Sec. 6.08. Sworn statement. Not later than the 60th day 17-3 after the last day of each fiscal year, the municipal treasurer 17-4 shall prepare for the board a sworn statement of the amount of 17-5 money that belongs to the district and an account of the 17-6 disbursements of that money. 17-7 Sec. 6.09. Spending and investment limitations. (a) A 17-8 district may not incur a debt payable from revenues of the district 17-9 other than the revenues on hand or to be on hand in the current or 17-10 immediately following fiscal year of the district. 17-11 (b) The board may not invest district funds in funds or 17-12 securities other than those specified by Article 836 or 837, 17-13 Revised Statutes, or by Chapter 2256, Government Code. 17-14 Sec. 6.10. Deposit of funds. (a) A board shall deposit 17-15 district funds in a special account in the treasury of the 17-16 municipality in which the district is located. 17-17 (b) District funds, other than those invested as provided by 17-18 Section 6.09(b) of this Act, shall be deposited as received in the 17-19 municipal treasury and must remain on deposit. 17-20 (c) A board shall reimburse the municipality for any costs 17-21 the municipality incurs for performing the duties imposed under 17-22 this section, other than costs of municipal personnel. 17-23 Sec. 6.11. Applications for program funding. (a) A chief 17-24 administrative officer of the municipality in which a district is 17-25 located may, with the consent of the governing body of the 17-26 municipality, apply to the board for funding of a program as 17-27 described by Section 5.01 of this Act. 18-1 (b) Applications under this section must be submitted not 18-2 later than the 140th day before the beginning of the fiscal year, 18-3 unless an exception has been adopted by rule. 18-4 (c) The board by rule may develop and adopt application 18-5 procedures. 18-6 ARTICLE 7. BONDS 18-7 Sec. 7.01. Bonds. A board may not issue or sell general 18-8 obligation bonds, revenue bonds, or refunding bonds. 18-9 ARTICLE 8. DISTRICT CONTINUATION 18-10 Sec. 8.01. Continuation referendum. (a) A board may hold a 18-11 referendum on the question of whether to continue the district. 18-12 (b) The board shall order a continuation referendum if a 18-13 petition that requests continuation of the district is presented in 18-14 accordance with this article or if a majority of the governing body 18-15 of the municipality in which the district is located by resolution 18-16 requests continuation after notice and a public hearing on the 18-17 matter. The board, however, may not hold a continuation referendum 18-18 before the fifth anniversary of the date on which the district is 18-19 created or before the third anniversary of the date of the last 18-20 preceding continuation or dissolution referendum. 18-21 (c) For a continuation referendum, the ballot shall be 18-22 printed to permit voting for or against the proposition: "Whether 18-23 the ____________ (insert the name of the municipality) Crime 18-24 Control and Prevention District should be continued and the crime 18-25 control and prevention district sales and use tax should be 18-26 continued." 18-27 Sec. 8.02. Methods for initiating election. A board may 19-1 order a continuation referendum on its own motion by a majority 19-2 vote of its members. The board shall order a continuation 19-3 referendum: 19-4 (1) on the presentation of a petition meeting the 19-5 requirements of Sections 8.03 through 8.08 of this Act; or 19-6 (2) on the request of the governing body under Section 19-7 8.01(b) of this Act. 19-8 Sec. 8.03. Application for petition; issuance. If the 19-9 municipal secretary receives a written application signed by 10 or 19-10 more registered voters of the district, the secretary shall issue 19-11 to the applicants a petition to be circulated among registered 19-12 voters for their signatures. 19-13 Sec. 8.04. Contents of application. To be valid, an 19-14 application for a petition must contain: 19-15 (1) a heading in the following words: "Application 19-16 for a Petition for a Local Option Referendum to Continue the Crime 19-17 Control and Prevention District and to Continue the Crime Control 19-18 and Prevention District Sales and Use Tax"; 19-19 (2) a statement of the issue to be voted on in the 19-20 following words: "Whether the ____________ (insert the name of the 19-21 municipality) Crime Control and Prevention District should be 19-22 continued and the crime control and prevention district sales and 19-23 use tax should be continued"; 19-24 (3) a statement immediately above the signatures of 19-25 the applicants, reading as follows: "It is the purpose and intent 19-26 of the applicants whose signatures appear below that the crime 19-27 control and prevention district be continued and the crime control 20-1 and prevention district sales and use tax in ____________ (insert 20-2 the name of the municipality) be continued"; and 20-3 (4) the printed name, signature, residence address, 20-4 and voter registration certificate number of each applicant. 20-5 Sec. 8.05. Contents of petition. To be valid, a petition 20-6 must contain: 20-7 (1) a heading in the following words: "Petition for a 20-8 Local Option Referendum to Continue the ____________ (insert the 20-9 name of the municipality) Crime Control and Prevention District and 20-10 to Continue the Crime Control and Prevention District Sales and Use 20-11 Tax"; 20-12 (2) a statement of the issue to be voted on in the 20-13 same words used in the application; 20-14 (3) a statement immediately above the signatures of 20-15 the petitioners, reading as follows: "It is the purpose and intent 20-16 of the petitioners whose signatures appear below that the crime 20-17 control and prevention district be continued and the crime control 20-18 and prevention district sales and use tax in ____________ (insert 20-19 the name of the municipality) be continued"; 20-20 (4) lines and spaces for the names, signatures, 20-21 residence addresses, and voter registration certificate numbers of 20-22 the petitioners; and 20-23 (5) the date of issuance, the serial number, and the 20-24 seal of the municipal secretary on each page. 20-25 Sec. 8.06. Copies. The municipal secretary shall keep the 20-26 application and a copy of the petition in the files of the 20-27 secretary's office. The secretary shall issue to the applicants as 21-1 many copies as the applicants request. 21-2 Sec. 8.07. Filing of petition; number of signatures. To 21-3 form the basis for the ordering of a referendum, the petition must 21-4 be filed with the municipal secretary not later than the 60th day 21-5 after the date of its issuance, and it must contain a number of 21-6 signatures of registered voters of the municipality equal to five 21-7 percent of the number of votes cast in the municipality for all 21-8 candidates for mayor in the most recent city council election. 21-9 Sec. 8.08. Review by municipal secretary. (a) The 21-10 municipal secretary shall, on request of any district resident, 21-11 check each name on a petition to determine whether the signer is a 21-12 registered voter of the district. A person requesting verification 21-13 by the secretary shall pay the secretary a sum equal to 20 cents 21-14 per name before commencement of the verification. 21-15 (b) The secretary may not count a signature if there is 21-16 reason to believe that: 21-17 (1) it is not the actual signature of the purported 21-18 signer; 21-19 (2) the voter registration certificate number is not 21-20 correct; 21-21 (3) it is a duplication either of a name or of 21-22 handwriting used in any other signature on the petition; 21-23 (4) the residence address of the signer is not 21-24 correct; or 21-25 (5) the name of the voter is not signed exactly as it 21-26 appears on the official copy of the current list of registered 21-27 voters for the voting year in which the petition is issued. 22-1 Sec. 8.09. CERTIFICATION. Not later than the 40th day after 22-2 the date a petition is filed, excluding Saturdays, Sundays, and 22-3 legal holidays, the municipal secretary shall certify to the board 22-4 the number of registered voters signing the petition. 22-5 Sec. 8.10. ORDER OF ELECTION. (a) A board shall record in 22-6 its minutes the date the petition is filed and the date it is 22-7 certified by the municipal secretary. 22-8 (b) If the petition contains the required number of 22-9 signatures and is in proper order, the board shall, at its next 22-10 regular session after the certification by the secretary, order a 22-11 referendum to be held at the regular polling place in each county 22-12 election precinct in the municipality on the next uniform election 22-13 date authorized by Section 41.001(a), Election Code, that occurs at 22-14 least 45 days after the date of the order. The board shall state 22-15 in the order the proposition to be voted on in the referendum. The 22-16 order is prima facie evidence of compliance with all provisions 22-17 necessary to give it validity. 22-18 Sec. 8.11. APPLICATION OF ELECTION CODE. A continuation 22-19 referendum shall be held and the returns shall be prepared and 22-20 canvassed in conformity with the Election Code. 22-21 Sec. 8.12. RESULTS OF REFERENDUM. (a) If a majority of the 22-22 votes cast in a referendum under this section are not for the 22-23 continuation of a district: 22-24 (1) the board shall certify that fact to the secretary 22-25 of state not later than the 10th day after the date of the canvass 22-26 of the returns; and 22-27 (2) the district is dissolved and ceases to operate 23-1 except as provided by Subsection (b) of this section. 23-2 (b) A district that is dissolved and that owns property or 23-3 has outstanding short-term or long-term liabilities may continue to 23-4 operate temporarily as provided by Section 10.02 of this Act. 23-5 (c) If a majority of the votes cast in the referendum under 23-6 this section are for the continuation of the district, another 23-7 continuation referendum may not be held except as authorized by 23-8 Section 8.01 of this Act. 23-9 Sec. 8.13. CONTEST OF ELECTION. Not later than the 30th day 23-10 after the date the result of a continuation referendum is 23-11 declared, any qualified voter of the district may contest the 23-12 election by filing a petition in a district court located in the 23-13 district. 23-14 ARTICLE 9. DISTRICT DISSOLUTION 23-15 Sec. 9.01. DISSOLUTION REFERENDUM. (a) A board may hold a 23-16 referendum on the question of whether to dissolve the district. 23-17 (b) The board shall order a dissolution referendum if a 23-18 petition that requests dissolution of the district is presented in 23-19 accordance with this article or if a majority of the governing body 23-20 of the municipality in which the district is located by resolution 23-21 requests dissolution after notice and a public hearing on the 23-22 matter. The board, however, may not hold a dissolution referendum 23-23 before the fifth anniversary of the date on which the district is 23-24 created or before the third anniversary of the date of the last 23-25 preceding continuation or dissolution referendum. 23-26 (c) For a dissolution referendum, the ballot shall be 23-27 printed to permit voting for or against the proposition: "Whether 24-1 the ________ (insert the name of the municipality) Crime Control 24-2 and Prevention District should be dissolved and the crime control 24-3 and prevention district sales and use tax should be abolished." 24-4 Sec. 9.02. METHODS FOR INITIATING ELECTION. A board may 24-5 order a dissolution referendum on its own motion by a majority vote 24-6 of its members. The board shall order a dissolution referendum: 24-7 (1) on the presentation of a petition meeting the 24-8 requirements of Sections 9.03 through 9.08 of this Act; or 24-9 (2) on the request of the governing body under Section 24-10 9.01(b) of this Act. 24-11 Sec. 9.03. APPLICATION FOR PETITION; ISSUANCE. If the 24-12 municipal secretary receives a written application signed by 10 or 24-13 more registered voters of a district, the secretary shall issue to 24-14 the applicants a petition to be circulated among registered voters 24-15 for their signatures. 24-16 Sec. 9.04. CONTENTS OF APPLICATION. To be valid, an 24-17 application for a petition must contain: 24-18 (1) a heading in the following words: "Application 24-19 for a Petition for a Local Option Referendum to Dissolve the Crime 24-20 Control and Prevention District and to Abolish the Crime Control 24-21 and Prevention District Sales and Use Tax"; 24-22 (2) a statement of the issue to be voted on in the 24-23 following words: "Whether the ________ (insert the name of the 24-24 municipality) Crime Control and Prevention District should be 24-25 dissolved and the crime control and prevention district sales and 24-26 use tax should be abolished"; 24-27 (3) a statement immediately above the signatures of 25-1 the applicants, reading as follows: "It is the purpose and intent 25-2 of the applicants whose signatures appear below that the crime 25-3 control and prevention district be dissolved and the crime control 25-4 and prevention district sales and use tax in ________ (insert the 25-5 name of the municipality) be abolished"; and 25-6 (4) the printed name, signature, residence address, 25-7 and voter registration certificate number of each applicant. 25-8 Sec. 9.05. CONTENTS OF PETITION. To be valid, a petition 25-9 must contain: 25-10 (1) a heading in the following words: "Petition for a 25-11 Local Option Referendum to Dissolve the ________ (insert the name 25-12 of the municipality) Crime Control and Prevention District and to 25-13 Abolish the Crime Control and Prevention District Sales and Use 25-14 Tax"; 25-15 (2) a statement of the issue to be voted on in the 25-16 same words used in the application; 25-17 (3) a statement immediately above the signatures of 25-18 the petitioners, reading as follows: "It is the purpose and intent 25-19 of the petitioners whose signatures appear below that the crime 25-20 control and prevention district be dissolved and the crime control 25-21 and prevention district sales and use tax in ________ (insert the 25-22 name of the municipality) be abolished"; 25-23 (4) lines and spaces for the names, signatures, 25-24 residence addresses, and voter registration certificate numbers of 25-25 the petitioners; and 25-26 (5) the date of issuance, the serial number, and the 25-27 seal of the municipal secretary on each page. 26-1 Sec. 9.06. COPIES. The municipal secretary shall keep the 26-2 application and a copy of the petition in the files of the 26-3 secretary's office. The secretary shall issue to the applicants as 26-4 many copies as the applicants request. 26-5 Sec. 9.07. FILING OF PETITION; NUMBER OF SIGNATURES. To 26-6 form the basis for the ordering of a referendum, the petition must 26-7 be filed with the municipal secretary not later than the 60th day 26-8 after the date of its issuance, and it must contain a number of 26-9 signatures of registered voters of the municipality equal to five 26-10 percent of the number of votes cast in the municipality for all 26-11 candidates for mayor in the most recent city council election. 26-12 Sec. 9.08. REVIEW BY MUNICIPAL SECRETARY. (a) The 26-13 municipal secretary shall, on request of any district resident, 26-14 check each name on a petition to determine whether the signer is a 26-15 registered voter of the district. A person requesting verification 26-16 by the secretary shall pay the secretary a sum equal to 20 cents 26-17 per name before commencement of the verification. 26-18 (b) The secretary may not count a signature if there is 26-19 reason to believe that: 26-20 (1) it is not the actual signature of the purported 26-21 signer; 26-22 (2) the voter registration certificate number is not 26-23 correct; 26-24 (3) it is a duplication either of a name or of 26-25 handwriting used in any other signature on the petition; 26-26 (4) the residence address of the signer is not 26-27 correct; or 27-1 (5) the name of the voter is not signed exactly as it 27-2 appears on the official copy of the current list of registered 27-3 voters for the voting year in which the petition is issued. 27-4 Sec. 9.09. CERTIFICATION. Not later than the 40th day after 27-5 the date a petition is filed, excluding Saturdays, Sundays, and 27-6 legal holidays, the municipal secretary shall certify to the board 27-7 the number of registered voters signing the petition. 27-8 Sec. 9.10. ORDER OF ELECTION. (a) A board shall record in 27-9 its minutes the date the petition is filed and the date it is 27-10 certified by the municipal secretary. 27-11 (b) If the petition contains the required number of 27-12 signatures and is in proper order, the board shall, at its next 27-13 regular session after the certification by the secretary, order a 27-14 referendum to be held at the regular polling place in each election 27-15 precinct in the municipality on the next uniform election date 27-16 authorized by Section 41.001(a), Election Code, that occurs at 27-17 least 45 days after the date of the order. The board shall state 27-18 in the order the proposition to be voted on in the referendum. The 27-19 order is prima facie evidence of compliance with all provisions 27-20 necessary to give it validity. 27-21 Sec. 9.11. APPLICATION OF ELECTION CODE. A dissolution 27-22 referendum shall be held and the returns shall be prepared and 27-23 canvassed in conformity with the Election Code. 27-24 Sec. 9.12. RESULTS OF REFERENDUM. (a) If a majority of the 27-25 votes cast in a referendum under this section are for the 27-26 dissolution of a district: 27-27 (1) the board shall certify that fact to the secretary 28-1 of state not later than the 10th day after the date of the canvass 28-2 of the returns; and 28-3 (2) the district is dissolved and ceases to operate 28-4 except as provided by Subsection (b) of this section. 28-5 (b) A district that is dissolved and that has outstanding 28-6 short-term or long-term liabilities may continue to operate 28-7 temporarily as provided by Section 10.02 of this Act. 28-8 (c) If less than a majority of the votes cast in the 28-9 referendum under this section are for the dissolution of the 28-10 district, another dissolution referendum may not be held except as 28-11 authorized by Section 9.01 of this Act. 28-12 Sec. 9.13. CONTEST OF ELECTION. Not later than the 30th day 28-13 after the date the result of a dissolution referendum is declared, 28-14 any qualified voter of the district may contest the election by 28-15 filing a petition in a district court located in the district. 28-16 ARTICLE 10. DISSOLUTION 28-17 Sec. 10.01. SUNSET PROVISION. Unless the district is 28-18 continued as provided by Article 8, the district is dissolved on 28-19 the later of: 28-20 (1) the sixth anniversary of the date the district is 28-21 created; or 28-22 (2) the fifth anniversary of the date of the most 28-23 recent continuation or dissolution referendum. 28-24 Sec. 10.02. DISSOLUTION OF DISTRICT. (a) On the date that 28-25 the district is dissolved, the district shall, as prescribed by 28-26 Subsection (h) of this section, convey or transfer to the 28-27 municipality in the district the following: 29-1 (1) title to land, buildings, real and tangible 29-2 improvements, and equipment owned by the district; 29-3 (2) operating funds and reserves for operating 29-4 expenses and funds that have been budgeted by the district for the 29-5 remainder of the fiscal year in which the district is dissolved to 29-6 support crime control activities and programs for residents of the 29-7 municipality; 29-8 (3) taxes levied by the district during the current 29-9 year for crime control purposes; 29-10 (4) funds established for payment of indebtedness 29-11 assumed by the district; and 29-12 (5) any accumulated employee retirement funds. 29-13 (b) After the date the district is dissolved, the district 29-14 may not levy taxes for district purposes or for providing crime 29-15 control activities and programs for the residents of the district. 29-16 (c) If on the date that the district is dissolved the 29-17 district has outstanding short-term or long-term liabilities, the 29-18 board shall, not later than the 30th day after the dissolution, 29-19 adopt a resolution certifying each outstanding short-term and 29-20 long-term liability. The municipality in which the district is 29-21 located shall assume the outstanding short-term and long-term 29-22 liabilities. The municipality shall collect the sales and use tax 29-23 for the district for the remainder of the calendar year and may by 29-24 resolution of the municipality's governing body continue to collect 29-25 the tax for an additional calendar year if the revenue from the 29-26 tax is needed to retire liabilities of the district that were 29-27 assumed by the municipality. The municipality's governing body 30-1 shall notify the comptroller of this continuation not later than 30-2 the 60th day before the date on which the tax would otherwise 30-3 expire. Any tax collected after the liabilities have been retired 30-4 shall be transferred or conveyed as prescribed by Subsection (a) of 30-5 this section. 30-6 (d) The district and the board may continue to operate for a 30-7 period not to exceed two months after carrying out the 30-8 responsibilities required by Subsections (a) and (c) of this 30-9 section. The board and the district are continued in effect for 30-10 the purpose of satisfying these responsibilities. 30-11 (e) If the board and the district are continued in effect 30-12 under Subsection (d) of this section, the board and district are 30-13 dissolved entirely on the first day of the month following the 30-14 month in which the board issues an order certifying to the 30-15 secretary of state that no responsibilities of Subsections (a) and 30-16 (c) of this section are left unsatisfied. 30-17 (f) A district or board that continues to operate under 30-18 Subsection (d) of this section may not incur any new liabilities 30-19 without the approval of the governing body of the municipality in 30-20 which the district is located. Not later than the 60th day after 30-21 the date of the dissolution referendum, the governing body shall 30-22 review the outstanding liabilities of the district and set a 30-23 specific date by which the municipality must retire the district's 30-24 outstanding liabilities. 30-25 (g) On the date that the district is dissolved, 30-26 district-funded programs, including additional courts, shall 30-27 immediately terminate and district-funded personnel, except 31-1 personnel required to retire the responsibilities of the district, 31-2 are terminated. 31-3 (h) The board shall convey or transfer to the municipality 31-4 the value of the items described in Subsection (a) of this section. 31-5 ARTICLE 11. STATE LIABILITY 31-6 Sec. 11.01. STATE LIABILITY. The state is not obligated for 31-7 the support, maintenance, or dissolution of a crime control 31-8 district created under this Act. 31-9 SECTION 2. Subchapter B, Chapter 321, Tax Code, is amended 31-10 by adding Section 321.106 to read as follows: 31-11 Sec. 321.106. MUNICIPALITY CRIME CONTROL DISTRICT TAX. (a) 31-12 Subject to an election held in accordance with the Municipal Crime 31-13 Control and Prevention District Act, a municipality in which a 31-14 crime control and prevention district is established shall adopt a 31-15 sales and use tax for the benefit of the district in the area of 31-16 the district for the purpose of financing the operation of the 31-17 municipal crime control and prevention district. The revenue from 31-18 the tax may be used only for the purpose of financing the operation 31-19 of the municipal crime control and prevention district. The 31-20 proposition for adopting a tax under this section and the 31-21 proposition for creation of a crime control and prevention district 31-22 shall be submitted at the same election. For purposes of Section 31-23 321.101(e), a tax under this section is not an additional sales and 31-24 use tax. 31-25 (b) A tax adopted for a district under this section for 31-26 financing the operation of the district may be decreased in 31-27 increments of one-eighth of one percent by order of the board of 32-1 directors of the district. The rate of a tax adopted for a 32-2 district under this section may be increased in increments of 32-3 one-eighth of one percent, not to exceed a total tax rate of 32-4 one-half percent for financing the operation of the municipal crime 32-5 control and prevention district, by order of the board of directors 32-6 of the municipal crime control and prevention district if approved 32-7 by a majority of the qualified voters voting at an election called 32-8 by the board and held in the district on the question of increasing 32-9 the tax rate. At the election, the ballot shall be printed to 32-10 provide for voting for or against the following proposition: "The 32-11 increase of the ________ (insert the name of the municipality) 32-12 Crime Control and Prevention District sales and use tax rate to ___ 32-13 percent." If there is an increase or decrease under this 32-14 subsection in the rate of a tax imposed under this section, the new 32-15 rate takes effect as prescribed by Sections 321.102(b) and (d). 32-16 (c) The comptroller shall remit to the municipality in which 32-17 the municipal crime control and prevention district is created 32-18 amounts collected at the rate imposed under this section as part of 32-19 the regular allocation of municipal tax revenue collected by the 32-20 comptroller. The municipality shall deposit the amounts it 32-21 receives from the comptroller under this subsection in a special 32-22 account in the treasury of the municipality as required under 32-23 Section 6.10, Article 2370c-5, Revised Statutes. Retailers may not 32-24 be required to use an allocation or reporting procedure in the 32-25 collection of taxes under this section that is different from the 32-26 procedures that retailers use in the collection of other sales and 32-27 use taxes under this chapter. An item, transaction, or service 33-1 that is taxable in a municipality under a sales or use tax 33-2 authorized by another section of this chapter is taxable under this 33-3 section. An item, transaction, or service that is not taxable in a 33-4 municipality under a sales or use tax authorized by another section 33-5 of this chapter is not taxable under this section. 33-6 (d) The comptroller may adopt rules and the governing body 33-7 of the municipality may adopt orders to administer this section. 33-8 SECTION 3. Section 323.105, Tax Code, is amended to read as 33-9 follows: 33-10 Sec. 323.105. County CRIME CONTROL DISTRICT TAX. 33-11 (a) Subject to an election held in accordance with the County 33-12 Crime Control and Prevention District Act, a county in which a 33-13 county crime control and prevention district is established shall 33-14 adopt a sales and use tax in the area of the district for the 33-15 purpose of financing the operation of the county crime control and 33-16 prevention district. The revenue from the tax may be used only for 33-17 the purpose of financing the operation of the county crime control 33-18 and prevention district. The proposition for adopting a tax under 33-19 this section and the proposition for creation of a county crime 33-20 control and prevention district shall be submitted at the same 33-21 election. For purposes of Subsection (c) of Section 323.101 of 33-22 this code, a tax under this section is not a county sales and use 33-23 tax. 33-24 (b) A tax adopted for a district under this section for 33-25 financing the operation of the district may be decreased in 33-26 increments of one-fourth of one percent by order of the board of 33-27 directors of the district. The rate of a tax adopted for a 34-1 district under this section may be increased in increments of 34-2 one-fourth of one percent, not to exceed a total tax rate of 34-3 one-half percent for financing the operation of the county crime 34-4 control and prevention district, by order of the board of directors 34-5 of the county crime control and prevention district if approved by 34-6 a majority of the qualified voters voting at an election called by 34-7 the board and held in the district on the question of increasing 34-8 the tax rate. At the election, the ballot shall be printed to 34-9 provide for voting for or against the following proposition: "The 34-10 increase of the ____________ County Crime Control and Prevention 34-11 District sales and use tax rate to ____________ percent." If there 34-12 is an increase or decrease under this subsection in the rate of a 34-13 tax imposed under this section, the new rate takes effect on the 34-14 first day of the next calendar year after the expiration of one 34-15 calendar quarter after the comptroller receives notice of the 34-16 increase or decrease. However, if the comptroller notifies the 34-17 president of the board of directors of the district in writing 34-18 within 10 days after receipt of the notification that the 34-19 comptroller requires more time to implement reporting and 34-20 collection procedures, the comptroller may delay implementation of 34-21 the rate change for one whole calendar quarter. In that event, the 34-22 new rate takes effect on the first day of the next calendar quarter 34-23 following the elapsed quarter. 34-24 (c) The comptroller shall remit to the county amounts 34-25 collected at the rate imposed under this section as part of the 34-26 regular allocation of county tax revenue collected by the 34-27 comptroller. The county shall, if the district is composed of an 35-1 area less than the entire county, remit that amount to the 35-2 district. Retailers may not be required to use the allocation and 35-3 reporting procedures in the collection of taxes under this section 35-4 different from the procedures that retailers use in the collection 35-5 of other sales and use taxes under this chapter. An item, 35-6 transaction, or service that is taxable in a county under a sales 35-7 or use tax authorized by another section of this chapter is taxable 35-8 under this section. An item, transaction, or service that is not 35-9 taxable in a county under a sales or use tax authorized by another 35-10 section of this chapter is not taxable under this section. 35-11 (d) If, in a county where a county crime control and 35-12 prevention district is composed of the whole county, a county sales 35-13 and use tax or a county sales and use tax rate increase for the 35-14 purpose of financing a county crime control and prevention district 35-15 is approved, the county is responsible for distributing to the 35-16 district that portion of the county sales and use tax revenue 35-17 received from the comptroller that is to be used for the purposes 35-18 of financing the county crime control and prevention district. Not 35-19 later than the 10th day after the date the county receives funds 35-20 under this section from the comptroller, the county shall make the 35-21 distribution in the proportion that the county crime control and 35-22 prevention portion of the tax rate bears to the total sales and use 35-23 tax rate of the county. The amounts distributed to a county crime 35-24 control and prevention district are not considered to be sales and 35-25 use tax revenue for the purpose of property tax reduction and 35-26 computation of the county tax rate under Section 26.041, Tax Code. 35-27 (e) For purposes of the tax imposed under this section, a 36-1 reference in this chapter to the county as the territory in which 36-2 the tax or an incident of the tax applies means only the territory 36-3 located in the county crime control and prevention district, if 36-4 that district is composed of an area less than an entire county. 36-5 (f) The comptroller may adopt rules and the county 36-6 commissioners court may adopt orders to administer this section. 36-7 SECTION 4. Section 1.01, Crime Control and Prevention 36-8 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is 36-9 amended to read as follows: 36-10 Sec. 1.01. SHORT TITLE. This Act may be cited as the County 36-11 Crime Control and Prevention District Act. 36-12 SECTION 5. Section 1.04(1), Crime Control and Prevention 36-13 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is 36-14 amended to read as follows: 36-15 (1) "District" means a county crime control and 36-16 prevention district created under this Act. 36-17 SECTION 6. Section 1.05A, Crime Control and Prevention 36-18 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is 36-19 repealed. 36-20 SECTION 7. The governing body of a municipality in which a 36-21 crime control and prevention district is established before the 36-22 effective date of this Act under the Crime Control and Prevention 36-23 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), 36-24 shall by resolution adopt the provisions of this Act as the 36-25 statutes governing the operation of the crime control and 36-26 prevention district. 36-27 SECTION 8. This Act takes effect September 1, 1995. 37-1 SECTION 9. The importance of this legislation and the 37-2 crowded condition of the calendars in both houses create an 37-3 emergency and an imperative public necessity that the 37-4 constitutional rule requiring bills to be read on three several 37-5 days in each house be suspended, and this rule is hereby suspended.