BWH C.S.H.B. 2335 75(R)BILL ANALYSIS


COUNTY AFFAIRS
C.S.H.B. 2335
By: Smith
4-16-97
Committee Report (Substituted)



BACKGROUND 

Through the creation of the Crime Control and Prevention District Act,
passed by the 71st Legislature, certain counties and municipalities within
the state have been empowered to raise revenue via a local sales tax which
can be used to fund crime prevention measures.  Since its creation, seven
cities in the Tarrant County area have elected to use this crime fighting
mechanism.  According to the current law, any municipality or county which
has created a Crime Control District must hold a public referendum every
five years in order to continue it.   

The current statute does not give local government any discretion to vary
from the five year sunset provision.  This has the effect of preventing
local governments from using this revenue for purposes that the local
government deems to be its best and highest use.   

For example, cities may be justifiably hesitant to hire new police
officers if the revenue source could end in just five years.  Moreover,
cities are prevented from using the money for any purpose which requires
bonding beyond a five year period. (ie, additional police facilities.) 

PURPOSE

As proposed, this bill would allow the governing entity of a county of a
million or more people or a municipality with a population of 75,000 or
less to determine the number of years for which a Crime Control District
should be continued.  Any change must be approved by local voters. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Adds Subsection (d) to Section 8.01 of Article 2370c-4 of
Vernon's Civil Statues which would allow a Crime Control District in
county with a population of 1 million or more, or a municipality of 75,000
or less, to specify on a continuation referendum the number of years for
which a district can be continued. 

SECTION 2.  Adds Subsection (c) which exempts a district created under
this proposal from the five year sunset. 

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute deletes Subsection (e) in SECTION 1, and Subsection (d) in
SECTION 2 of the original.