By Junell H.B. No. 992
75R4221 CLG-D
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 following 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, except as provided by Subsection (d).
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 money.
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 of a board
8-6 serve without compensation, but a director or officer may be
8-7 reimbursed for actual expenses incurred in the performance of an
8-8 official duty. The expenses must be reported in the district's
8-9 minute book or other district records. Payment for the expenses
8-10 must be approved by the 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.
8-14 Sec. 4.08. REJECTION OF MUNICIPAL FUNDING. A two-thirds
8-15 majority vote of the board is required to reject any application
8-16 submitted by the governing body of the municipality in which the
8-17 district is located for funding available under this Act.
8-18 Sec. 4.09. ADMINISTRATION. The board may contract with a
8-19 public agency or private vendor to assist in the administration or
8-20 management of the district or to assist in the review of
8-21 applications for funding available under this Act.
8-22 ARTICLE 5. POWERS AND DUTIES
8-23 Sec. 5.01. DISTRICT RESPONSIBILITIES; LIMITATIONS ON
8-24 EXPENDITURES. (a) A district may finance all the costs of a crime
8-25 control and crime prevention program, including the costs for
8-26 personnel, administration, expansion, enhancement, and capital
8-27 expenditures. A program may include:
9-1 (1) police and law enforcement related programs,
9-2 including:
9-3 (A) a multijurisdictional crime analysis center;
9-4 (B) mobile crime analysis units;
9-5 (C) crime stoppers telephone lines;
9-6 (D) united property-marking programs;
9-7 (E) home security inspection programs;
9-8 (F) an automated fingerprint analysis center;
9-9 (G) an enhanced radio dispatch center;
9-10 (H) a computerized criminal history system;
9-11 (I) enhanced information systems programs;
9-12 (J) a drug and chemical disposal center;
9-13 (K) a crime lab or medical examiner's lab; and
9-14 (L) a regional law enforcement training center;
9-15 (2) community-related crime prevention strategies,
9-16 including:
9-17 (A) block watch programs;
9-18 (B) a community crime resistance program;
9-19 (C) school-police programs;
9-20 (D) senior citizen community safety programs;
9-21 (E) senior citizen anti-crime networks;
9-22 (F) citizen crime-reporting projects;
9-23 (G) home alert programs;
9-24 (H) a police-community cooperation program;
9-25 (I) a radio alert program; and
9-26 (J) ride along programs;
9-27 (3) specific treatment and prevention programs,
10-1 including:
10-2 (A) positive peer group interaction programs;
10-3 (B) drug and alcohol awareness programs;
10-4 (C) family violence centers in the municipality;
10-5 (D) work incentive programs;
10-6 (E) social learning centers;
10-7 (F) transitional aid centers and preparole
10-8 centers;
10-9 (G) guided group interaction programs;
10-10 (H) social development centers;
10-11 (I) street gang intervention centers;
10-12 (J) predelinquency intervention centers;
10-13 (K) school relations bureaus;
10-14 (L) integrated community education systems;
10-15 (M) steered straight programs;
10-16 (N) probation subsidy programs;
10-17 (O) Juvenile Offenders Learn Truth (JOLT) or
10-18 similar programs;
10-19 (P) reformatory visitation programs;
10-20 (Q) juvenile awareness programs;
10-21 (R) shock incarceration;
10-22 (S) shock probation;
10-23 (T) community restitution programs;
10-24 (U) team probation;
10-25 (V) electronic monitoring programs;
10-26 (W) community improvement programs;
10-27 (X) at home arrest;
11-1 (Y) victim restitution programs; and
11-2 (Z) additional probation or parole officers;
11-3 (4) court and prosecution services, including:
11-4 (A) court watch programs;
11-5 (B) community arbitration and mediation centers;
11-6 (C) night prosecutors programs;
11-7 (D) automated legal research systems;
11-8 (E) an automated court management system;
11-9 (F) a criminal court administrator;
11-10 (G) an automated court reporting system;
11-11 (H) additional municipal courts; and
11-12 (I) additional prosecutors and staff; and
11-13 (5) additional jails, jailers, guards, and other
11-14 necessary staff.
11-15 (b) The district shall coordinate its efforts with the local
11-16 community justice council in developing its crime control and crime
11-17 prevention program.
11-18 (c) The district shall fund an annual evaluation program to
11-19 study the effect, efficiency, and effectiveness of new or expanded
11-20 crime control and crime prevention programs.
11-21 (d) The board may seek the assistance of the Office of
11-22 State-Federal Relations in identifying and applying for federal
11-23 grants for criminal justice programs. The board shall notify the
11-24 appropriate council of government of any intent to submit an
11-25 application for federal funds for inclusion in the regional
11-26 criminal justice planning process.
11-27 (e) The district may apply for and receive grants for
12-1 criminal and juvenile justice programs from the criminal justice
12-2 division in the governor's office.
12-3 Sec. 5.02. MANAGEMENT, CONTROL, AND ADMINISTRATION. Except
12-4 as provided by Section 6.06 of this Act, a board shall manage,
12-5 control, and administer the district's money.
12-6 Sec. 5.03. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE. A board
12-7 is subject to Chapters 551 and 2001, Government Code.
12-8 Sec. 5.04. LIABILITY. A director is not liable for civil
12-9 damages or criminal prosecution for an:
12-10 (1) act performed in good faith in the execution of
12-11 duties as a director; or
12-12 (2) action taken by the board.
12-13 Sec. 5.05. DISTRICT RULES. A board may adopt rules
12-14 governing district-funded programs and the duties, functions, and
12-15 responsibilities of district staff and employees. A rule adopted
12-16 under this section may not conflict with a rule relating to
12-17 employees of the municipality in which the district is located.
12-18 Sec. 5.06. METHODS AND PROCEDURES. (a) A board may
12-19 prescribe the method of making purchases and expenditures by and
12-20 for the district; however, the board may enter purchasing contracts
12-21 that involve spending more than $15,000 only after competitive
12-22 bidding as provided by Subchapter B, Chapter 252, Local Government
12-23 Code, to the extent those provisions can be made applicable to the
12-24 board.
12-25 (b) The board may prescribe accounting and control
12-26 procedures for the district.
12-27 (c) The municipal purchasing agent shall serve as purchasing
13-1 agent for the district.
13-2 Sec. 5.07. DISTRICT PROPERTY, FACILITIES, AND EQUIPMENT.
13-3 The board may acquire or lease property, facilities, or equipment
13-4 for the sole purpose of administering the district.
13-5 Sec. 5.08. REIMBURSEMENT FOR SERVICES. (a) A county or
13-6 municipality located entirely outside the boundaries of the
13-7 district on request shall reimburse a district for the district's
13-8 cost of including in a district program a resident of that county
13-9 or municipality.
13-10 (b) The board may require reimbursement from the state for
13-11 the district's cost of including in a district program or facility
13-12 a person who is a resident of the state but who is not a resident
13-13 of the district.
13-14 (c) On behalf of the district, the board may contract with a
13-15 municipal or county government or with the state or federal
13-16 government for the municipal, county, state, or federal government
13-17 to reimburse the district for including a person in a district
13-18 program.
13-19 Sec. 5.09. SERVICE CONTRACTS. When acting on behalf of a
13-20 district, the board may contract with the following persons or
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 (1) a municipality, county, special district, or other
13-25 political subdivision of the state;
13-26 (2) a state or federal agency;
13-27 (3) an individual; or
14-1 (4) a private entity.
14-2 Sec. 5.10. Donations, grants, and endowments. On behalf of
14-3 the district, the board may accept donations, grants, and
14-4 endowments to be held in trust for any purpose and under any
14-5 direction, limitation, or provision prescribed in writing by the
14-6 donor that is consistent with this Act and the proper management of
14-7 the district.
14-8 Sec. 5.11. Authority to sue and be sued. A board may sue
14-9 and be sued in the name of the district.
14-10 ARTICLE 6. DISTRICT FINANCES
14-11 Sec. 6.01. Fiscal year. (a) A district is operated on a
14-12 fiscal year established by the board.
14-13 (b) A fiscal year may not be changed more than once in a
14-14 24-month period.
14-15 Sec. 6.02. Annual audit. Annually, a board shall have an
14-16 independent auditor audit the financial condition of the district.
14-17 Sec. 6.03. District audit and records. The district shall
14-18 maintain the annual audits and other district records and make them
14-19 available for public inspection at the principal office of the
14-20 district during regular business hours.
14-21 Sec. 6.04. Annual budget. (a) The board shall prepare a
14-22 proposed annual budget.
14-23 (b) In preparing the proposed budget, the board shall
14-24 consider the applications submitted by the chief administrative
14-25 officer of the municipality in which the district is created, with
14-26 the consent of the municipality's governing body, for program
14-27 funding.
15-1 (c) The proposed budget must contain a complete financial
15-2 statement, including a statement of:
15-3 (1) the outstanding obligations of the district;
15-4 (2) the amount of cash on hand to the credit of each
15-5 district fund;
15-6 (3) the amount of money received by the district from
15-7 all sources during the previous year;
15-8 (4) the estimated amount of money available to the
15-9 district from all sources during the current fiscal year;
15-10 (5) the amount of money needed to fund programs
15-11 approved for funding by the board;
15-12 (6) the amount of money requested for programs that
15-13 were not approved for funding by the board;
15-14 (7) the tax rate for the next fiscal year;
15-15 (8) the amount of the balances expected at the end of
15-16 the year in which the budget is being prepared; and
15-17 (9) the estimated amount of revenues and balances
15-18 available to cover the proposed budget.
15-19 Sec. 6.05. Notice; board hearing; adoption of budget.
15-20 (a) Not later than the 100th day before the beginning of each
15-21 fiscal year, a board shall hold a public hearing on the proposed
15-22 annual budget.
15-23 (b) Not later than the 10th day before the date of the
15-24 hearing, the board shall publish notice of the hearing in a
15-25 newspaper with general circulation in the district.
15-26 (c) Any resident of the district is entitled to be present
15-27 and participate at the hearing.
16-1 (d) Not later than the 80th day before the beginning of each
16-2 fiscal year, the board shall adopt a budget. The board may make
16-3 any changes in the proposed budget that the board determines the
16-4 interests of the taxpayers demand.
16-5 (e) The board shall submit the budget to the governing body
16-6 of the municipality in which the district is located not later than
16-7 the 10th day after the date the budget is adopted.
16-8 (f) The board by rule may develop and adopt procedures for
16-9 adopting a budget different from the procedures outlined in this
16-10 article, but the board must hold public hearings relating to the
16-11 budget.
16-12 Sec. 6.06. Notice; hearing; approval or rejection of budget.
16-13 (a) Not later than the 45th day before the beginning of each
16-14 fiscal year, the governing body of the municipality in which a
16-15 district is located shall hold a public hearing on the proposed
16-16 annual budget.
16-17 (b) Not later than the 10th day before the date of the
16-18 hearing, the governing body shall publish notice of the hearing in
16-19 a newspaper with general circulation in the district.
16-20 (c) Any resident of the district is entitled to be present
16-21 and to participate at the hearing.
16-22 (d) The governing body shall approve or reject the budget
16-23 submitted by the board not later than the 30th day before the
16-24 beginning of the fiscal year. The governing body may not amend the
16-25 budget.
16-26 (e) If the governing body rejects the budget submitted by
16-27 the board, the governing body and the board shall meet and jointly
17-1 amend and approve the budget before the beginning of the fiscal
17-2 year.
17-3 (f) The budget may be amended after the beginning of the
17-4 fiscal year on approval by the board and the governing body.
17-5 Sec. 6.07. Limitation on expenditures. Money may be spent
17-6 only for an expense included in an annual budget or an amendment to
17-7 the budget.
17-8 Sec. 6.08. SWORN STATEMENT. Not later than the 60th day
17-9 after the last day of each fiscal year, the municipal treasurer
17-10 shall prepare for the board a sworn statement of the amount of
17-11 money that belongs to the district and an account of the
17-12 disbursements of that money.
17-13 Sec. 6.09. Spending and investment limitations. (a) A
17-14 district may not incur a debt payable from revenues of the district
17-15 other than the revenues on hand or to be on hand in the current or
17-16 immediately following fiscal year of the district.
17-17 (b) The board may not invest district money in funds or
17-18 securities other than those specified by Article 836 or 837,
17-19 Revised Statutes, or by Chapter 2256, Government Code.
17-20 Sec. 6.10. DEPOSIT OF MONEY. (a) A board shall deposit
17-21 district money in a special account in the treasury of the
17-22 municipality in which the district is located.
17-23 (b) District money, other than money invested as provided by
17-24 Section 6.09(b) of this Act, shall be deposited as received in the
17-25 municipal treasury and must remain on deposit.
17-26 (c) A board shall reimburse the municipality for any costs
17-27 the municipality incurs for performing the duties imposed under
18-1 this section, other than costs of municipal personnel.
18-2 Sec. 6.11. APPLICATIONS FOR PROGRAM FUNDING. (a) A chief
18-3 administrative officer of the municipality in which a district is
18-4 located, with the consent of the governing body of the
18-5 municipality, may apply to the board for funding of a program as
18-6 described by Section 5.01 of this Act.
18-7 (b) Applications under this section must be submitted not
18-8 later than the 140th day before the beginning of the fiscal year,
18-9 unless an exception has been adopted by rule.
18-10 (c) The board by rule may develop and adopt application
18-11 procedures.
18-12 ARTICLE 7. BONDS
18-13 Sec. 7.01. Bonds. A board may not issue or sell general
18-14 obligation bonds, revenue bonds, or refunding bonds.
18-15 ARTICLE 8. DISTRICT CONTINUATION
18-16 Sec. 8.01. Continuation referendum. (a) A board may hold a
18-17 referendum on the question of whether to continue the district.
18-18 (b) The board shall order a continuation referendum if a
18-19 petition that requests continuation of the district is presented in
18-20 accordance with this article or if a majority of the governing body
18-21 of the municipality in which the district is located by resolution
18-22 requests continuation after notice and a public hearing on the
18-23 matter. The board, however, may not hold a continuation referendum
18-24 before the fifth anniversary of the date on which the district is
18-25 created or before the third anniversary of the date of the last
18-26 preceding continuation or dissolution referendum.
18-27 (c) For a continuation referendum, the ballot shall be
19-1 printed to permit voting for or against the proposition: "Whether
19-2 the ____________ (insert the name of the municipality) Crime
19-3 Control and Prevention District should be continued and the crime
19-4 control and prevention district sales and use tax should be
19-5 continued."
19-6 Sec. 8.02. Methods for initiating election. A board may
19-7 order a continuation referendum on its own motion by a majority
19-8 vote of its members. The board shall order a continuation
19-9 referendum:
19-10 (1) on the presentation of a petition meeting the
19-11 requirements of Sections 8.03 through 8.08 of this Act; or
19-12 (2) on the request of the governing body under Section
19-13 8.01(b) of this Act.
19-14 Sec. 8.03. Application for petition; issuance. If the
19-15 municipal secretary receives a written application signed by 10 or
19-16 more registered voters of the district, the secretary shall issue
19-17 to the applicants a petition to be circulated among registered
19-18 voters for their signatures.
19-19 Sec. 8.04. Contents of application. To be valid, an
19-20 application for a petition must contain:
19-21 (1) a heading in the following words: "Application
19-22 for a Petition for a Local Option Referendum to Continue the Crime
19-23 Control and Prevention District and to Continue the Crime Control
19-24 and Prevention District Sales and Use Tax";
19-25 (2) a statement of the issue to be voted on in the
19-26 following words: "Whether the ____________ (insert the name of the
19-27 municipality) Crime Control and Prevention District should be
20-1 continued and the crime control and prevention district sales and
20-2 use tax should be continued";
20-3 (3) a statement immediately above the signatures of
20-4 the applicants, reading as follows: "It is the purpose and intent
20-5 of the applicants whose signatures appear below that the crime
20-6 control and prevention district be continued and the crime control
20-7 and prevention district sales and use tax in ____________ (insert
20-8 the name of the municipality) be continued"; and
20-9 (4) the printed name, signature, residence address,
20-10 and voter registration certificate number of each applicant.
20-11 Sec. 8.05. Contents of petition. To be valid, a petition
20-12 must contain:
20-13 (1) a heading in the following words: "Petition for a
20-14 Local Option Referendum to Continue the ____________ (insert the
20-15 name of the municipality) Crime Control and Prevention District and
20-16 to Continue the Crime Control and Prevention District Sales and Use
20-17 Tax";
20-18 (2) a statement of the issue to be voted on in the
20-19 same words used in the application;
20-20 (3) a statement immediately above the signatures of
20-21 the petitioners, reading as follows: "It is the purpose and intent
20-22 of the petitioners whose signatures appear below that the crime
20-23 control and prevention district be continued and the crime control
20-24 and prevention district sales and use tax in ____________ (insert
20-25 the name of the municipality) be continued";
20-26 (4) lines and spaces for the names, signatures,
20-27 residence addresses, and voter registration certificate numbers of
21-1 the petitioners; and
21-2 (5) the date of issuance, the serial number, and the
21-3 seal of the municipal secretary on each page.
21-4 Sec. 8.06. Copies. The municipal secretary shall keep the
21-5 application and a copy of the petition in the files of the
21-6 secretary's office. The secretary shall issue to the applicants as
21-7 many copies as the applicants request.
21-8 Sec. 8.07. Filing of petition; number of signatures. To
21-9 form the basis for the ordering of a referendum, the petition must
21-10 be filed with the municipal secretary not later than the 60th day
21-11 after the date of its issuance, and it must contain a number of
21-12 signatures of registered voters of the municipality equal to five
21-13 percent of the number of votes cast in the municipality for all
21-14 candidates for mayor in the most recent city council election.
21-15 Sec. 8.08. Review by municipal secretary. (a) The
21-16 municipal secretary, on request of any district resident, shall
21-17 verify each name on a petition to determine whether the signer is a
21-18 registered voter of the district. A person requesting the
21-19 secretary to verify the names must pay the secretary an amount
21-20 equal to 20 cents per name before verification begins.
21-21 (b) The secretary may not count a signature if there is
21-22 reason to believe that:
21-23 (1) it is not the actual signature of the purported
21-24 signer;
21-25 (2) the voter registration certificate number is not
21-26 correct;
21-27 (3) it is a duplicate of a name used in, or it is in
22-1 the same handwriting as, another signature on the petition;
22-2 (4) the residence address of the signer is not
22-3 correct; or
22-4 (5) the name of the voter is not signed exactly as it
22-5 appears on the official copy of the current list of registered
22-6 voters for the voting year in which the petition is issued.
22-7 Sec. 8.09. CERTIFICATION. Not later than the 40th day after
22-8 the date a petition is filed, excluding Saturdays, Sundays, and
22-9 legal holidays, the municipal secretary shall certify to the board
22-10 the number of registered voters signing the petition.
22-11 Sec. 8.10. ORDER OF ELECTION. (a) A board shall record in
22-12 its minutes the date the petition is filed and the date it is
22-13 certified by the municipal secretary.
22-14 (b) If the petition contains the required number of
22-15 signatures and is in proper order, the board, at its next regular
22-16 session after the certification by the secretary, shall order a
22-17 referendum to be held at the regular polling place in each county
22-18 election precinct in the municipality on the next uniform election
22-19 date authorized by Section 41.001(a), Election Code, that occurs at
22-20 least 45 days after the date of the order. The board shall state
22-21 in the order the proposition to be voted on in the referendum. The
22-22 order is prima facie evidence of compliance with all provisions
22-23 necessary to give it validity.
22-24 Sec. 8.11. APPLICATION OF ELECTION CODE. A continuation
22-25 referendum shall be held and the returns shall be prepared and
22-26 canvassed in accordance with the Election Code.
22-27 Sec. 8.12. RESULTS OF REFERENDUM. (a) If a majority of the
23-1 votes cast in a referendum under this section are not for the
23-2 continuation of a district:
23-3 (1) the board shall certify that fact to the secretary
23-4 of state not later than the 10th day after the date of the canvass
23-5 of the returns; and
23-6 (2) the district is dissolved and ceases to operate
23-7 except as provided by Subsection (b) of this section.
23-8 (b) A district that is dissolved and that owns property or
23-9 has outstanding short-term or long-term liabilities may continue to
23-10 operate temporarily as provided by Section 10.02 of this Act.
23-11 (c) If a majority of the votes cast in the referendum under
23-12 this section are for the continuation of the district, another
23-13 continuation referendum may not be held except as authorized by
23-14 Section 8.01 of this Act.
23-15 Sec. 8.13. CONTEST OF ELECTION. Not later than the 30th day
23-16 after the date the result of a continuation referendum is
23-17 declared, any qualified voter of the district may contest the
23-18 election by filing a petition in a district court located in the
23-19 district.
23-20 ARTICLE 9. DISTRICT DISSOLUTION
23-21 Sec. 9.01. DISSOLUTION REFERENDUM. (a) A board may hold a
23-22 referendum on the question of whether to dissolve the district.
23-23 (b) The board shall order a dissolution referendum if a
23-24 petition that requests dissolution of the district is presented in
23-25 accordance with this article or if a majority of the governing body
23-26 of the municipality in which the district is located by resolution
23-27 requests dissolution after notice and a public hearing on the
24-1 matter. The board, however, may not hold a dissolution referendum
24-2 before the fifth anniversary of the date on which the district is
24-3 created or the third anniversary of the date of the last preceding
24-4 continuation or dissolution referendum.
24-5 (c) For a dissolution referendum, the ballot shall be
24-6 printed to permit voting for or against the proposition: "Whether
24-7 the ________ (insert the name of the municipality) Crime Control
24-8 and Prevention District should be dissolved and the crime control
24-9 and prevention district sales and use tax should be abolished."
24-10 Sec. 9.02. METHODS FOR INITIATING ELECTION. A board may
24-11 order a dissolution referendum on its own motion by a majority vote
24-12 of its members. The board shall order a dissolution referendum:
24-13 (1) on the presentation of a petition meeting the
24-14 requirements of Sections 9.03 through 9.08 of this Act; or
24-15 (2) on the request of the governing body under Section
24-16 9.01(b) of this Act.
24-17 Sec. 9.03. APPLICATION FOR PETITION; ISSUANCE. If the
24-18 municipal secretary receives a written application signed by 10 or
24-19 more registered voters of a district, the secretary shall issue to
24-20 the applicants a petition to be circulated among registered voters
24-21 for their signatures.
24-22 Sec. 9.04. CONTENTS OF APPLICATION. To be valid, an
24-23 application for a petition must contain:
24-24 (1) a heading in the following words: "Application
24-25 for a Petition for a Local Option Referendum to Dissolve the Crime
24-26 Control and Prevention District and to Abolish the Crime Control
24-27 and Prevention District Sales and Use Tax";
25-1 (2) a statement of the issue to be voted on in the
25-2 following words: "Whether the ________ (insert the name of the
25-3 municipality) Crime Control and Prevention District should be
25-4 dissolved and the crime control and prevention district sales and
25-5 use tax should be abolished";
25-6 (3) a statement immediately above the signatures of
25-7 the applicants, reading as follows: "It is the purpose and intent
25-8 of the applicants whose signatures appear below that the crime
25-9 control and prevention district be dissolved and the crime control
25-10 and prevention district sales and use tax in ________ (insert the
25-11 name of the municipality) be abolished"; and
25-12 (4) the printed name, signature, residence address,
25-13 and voter registration certificate number of each applicant.
25-14 Sec. 9.05. CONTENTS OF PETITION. To be valid, a petition
25-15 must contain:
25-16 (1) a heading in the following words: "Petition for a
25-17 Local Option Referendum to Dissolve the ________ (insert the name
25-18 of the municipality) Crime Control and Prevention District and to
25-19 Abolish the Crime Control and Prevention District Sales and Use
25-20 Tax";
25-21 (2) a statement of the issue to be voted on in the
25-22 same words used in the application;
25-23 (3) a statement immediately above the signatures of
25-24 the petitioners, reading as follows: "It is the purpose and intent
25-25 of the petitioners whose signatures appear below that the crime
25-26 control and prevention district be dissolved and the crime control
25-27 and prevention district sales and use tax in ________ (insert the
26-1 name of the municipality) be abolished";
26-2 (4) lines and spaces for the names, signatures,
26-3 residence addresses, and voter registration certificate numbers of
26-4 the petitioners; and
26-5 (5) the date of issuance, the serial number, and the
26-6 seal of the municipal secretary on each page.
26-7 Sec. 9.06. COPIES. The municipal secretary shall keep the
26-8 application and a copy of the petition in the files of the
26-9 secretary's office. The secretary shall issue to the applicants as
26-10 many copies as the applicants request.
26-11 Sec. 9.07. FILING OF PETITION; NUMBER OF SIGNATURES. To
26-12 form the basis for the ordering of a referendum, the petition must
26-13 be filed with the municipal secretary not later than the 60th day
26-14 after the date of its issuance, and it must contain a number of
26-15 signatures of registered voters of the municipality equal to five
26-16 percent of the number of votes cast in the municipality for all
26-17 candidates for mayor in the most recent city council election.
26-18 Sec. 9.08. REVIEW BY MUNICIPAL SECRETARY. (a) The
26-19 municipal secretary, on request of any district resident, shall
26-20 verify each name on a petition to determine whether the signer is a
26-21 registered voter of the district. A person requesting the
26-22 secretary to verify the names must pay the secretary an amount
26-23 equal to 20 cents per name before the verification begins.
26-24 (b) The secretary may not count a signature if there is
26-25 reason to believe that:
26-26 (1) it is not the actual signature of the purported
26-27 signer;
27-1 (2) the voter registration certificate number is not
27-2 correct;
27-3 (3) it is a duplicate of a name used in, or it is in
27-4 the same handwriting as, another signature on the petition;
27-5 (4) the residence address of the signer is not
27-6 correct; or
27-7 (5) the name of the voter is not signed exactly as it
27-8 appears on the official copy of the current list of registered
27-9 voters for the voting year in which the petition is issued.
27-10 Sec. 9.09. CERTIFICATION. Not later than the 40th day after
27-11 the date a petition is filed, excluding Saturdays, Sundays, and
27-12 legal holidays, the municipal secretary shall certify to the board
27-13 the number of registered voters signing the petition.
27-14 Sec. 9.10. ORDER OF ELECTION. (a) A board shall record in
27-15 its minutes the date the petition is filed and the date it is
27-16 certified by the municipal secretary.
27-17 (b) If the petition contains the required number of
27-18 signatures and is in proper order, at the board's next regular
27-19 session after the certification by the secretary, the board shall
27-20 order a referendum to be held at the regular polling place in each
27-21 election precinct in the municipality on the next uniform election
27-22 date authorized by Section 41.001(a), Election Code, that occurs at
27-23 least 45 days after the date of the order. The board shall state
27-24 in the order the proposition to be voted on in the referendum. The
27-25 order is prima facie evidence of compliance with all provisions
27-26 necessary to give it validity.
27-27 Sec. 9.11. APPLICATION OF ELECTION CODE. A dissolution
28-1 referendum shall be held and the returns shall be prepared and
28-2 canvassed in conformity with the Election Code.
28-3 Sec. 9.12. RESULTS OF REFERENDUM. (a) If a majority of the
28-4 votes cast in a referendum under this section are for the
28-5 dissolution of a district:
28-6 (1) the board shall certify that fact to the secretary
28-7 of state not later than the 10th day after the date of the canvass
28-8 of the returns; and
28-9 (2) the district is dissolved and ceases to operate
28-10 except as provided by Subsection (b) of this section.
28-11 (b) A district that is dissolved and that has outstanding
28-12 short-term or long-term liabilities may continue to operate
28-13 temporarily as provided by Section 10.02 of this Act.
28-14 (c) If less than a majority of the votes cast in the
28-15 referendum under this section are for the dissolution of the
28-16 district, another dissolution referendum may not be held except as
28-17 authorized by Section 9.01 of this Act.
28-18 Sec. 9.13. CONTEST OF ELECTION. Not later than the 30th day
28-19 after the date the result of a dissolution referendum is declared,
28-20 any qualified voter of the district may contest the election by
28-21 filing a petition in a district court located in the district.
28-22 ARTICLE 10. DISSOLUTION
28-23 Sec. 10.01. SUNSET PROVISION. Unless the district is
28-24 continued as provided by Article 8, the district is dissolved on
28-25 the later of:
28-26 (1) the sixth anniversary of the date the district is
28-27 created; or
29-1 (2) the fifth anniversary of the date of the most
29-2 recent continuation or dissolution referendum.
29-3 Sec. 10.02. DISSOLUTION OF DISTRICT. (a) On the date that
29-4 the district is dissolved, the district, as prescribed by
29-5 Subsection (h) of this section, shall convey or transfer to the
29-6 municipality in the district:
29-7 (1) title to land, buildings, real and tangible
29-8 improvements, and equipment owned by the district;
29-9 (2) money for the operation of the district and
29-10 reserves for operating expenses and money that has been budgeted by
29-11 the district for the remainder of the fiscal year in which the
29-12 district is dissolved to support crime control activities and
29-13 programs for residents of the municipality;
29-14 (3) taxes imposed by the district during the current
29-15 year for crime control purposes;
29-16 (4) funds established for payment of indebtedness
29-17 assumed by the district; and
29-18 (5) any accumulated employee retirement funds.
29-19 (b) After the date the district is dissolved, the district
29-20 may not impose taxes for district purposes or for providing crime
29-21 control activities and programs for the residents of the district.
29-22 (c) If on the date the district is dissolved the district
29-23 has outstanding short-term or long-term liabilities, the board, not
29-24 later than the 30th day after the dissolution, shall adopt a
29-25 resolution certifying each outstanding short-term and long-term
29-26 liability. The municipality in which the district is located shall
29-27 assume the outstanding short-term and long-term liabilities. The
30-1 municipality shall collect the sales and use tax for the district
30-2 for the remainder of the calendar year and by resolution of the
30-3 municipality's governing body may continue to collect the tax for
30-4 an additional calendar year if the revenue from the tax is needed
30-5 to retire liabilities of the district that were assumed by the
30-6 municipality. The municipality's governing body shall notify the
30-7 comptroller of this continuation not later than the 60th day
30-8 before the date on which the tax would otherwise expire. Any tax
30-9 collected after the liabilities have been retired shall be
30-10 transferred or conveyed as prescribed by Subsection (a) of this
30-11 section.
30-12 (d) The district and the board may continue to operate for a
30-13 period not to exceed two months after carrying out the
30-14 responsibilities required by Subsections (a) and (c) of this
30-15 section. The board and the district are continued in effect for
30-16 the purpose of satisfying these responsibilities.
30-17 (e) If the board and the district are continued in effect
30-18 under Subsection (d) of this section, the board and district are
30-19 dissolved entirely on the first day of the month following the
30-20 month in which the board issues an order certifying to the
30-21 secretary of state that no responsibilities prescribed by
30-22 Subsections (a) and (c) of this section are left unsatisfied.
30-23 (f) A district or board that continues to operate under
30-24 Subsection (d) of this section may not incur any new liabilities
30-25 without the approval of the governing body of the municipality in
30-26 which the district is located. Not later than the 60th day after
30-27 the date of the dissolution referendum, the governing body shall
31-1 review the outstanding liabilities of the district and set a
31-2 specific date by which the municipality must retire the district's
31-3 outstanding liabilities.
31-4 (g) On the date that the district is dissolved,
31-5 district-funded programs, including additional courts, shall
31-6 immediately terminate and district-funded personnel, except
31-7 personnel required to retire the responsibilities of the district,
31-8 are terminated.
31-9 (h) The board shall convey or transfer to the municipality
31-10 the value of the items described by Subsection (a) of this section.
31-11 ARTICLE 11. STATE LIABILITY
31-12 Sec. 11.01. STATE LIABILITY. The state is not obligated for
31-13 the support, maintenance, or dissolution of a crime control
31-14 district created under this Act.
31-15 SECTION 2. Subchapter B, Chapter 321, Tax Code, is amended
31-16 by adding Section 321.106 to read as follows:
31-17 Sec. 321.106. MUNICIPAL CRIME CONTROL DISTRICT TAX. (a)
31-18 Subject to an election held in accordance with the Municipal Crime
31-19 Control and Prevention District Act (Article 2370c-5, Revised
31-20 Statutes), a municipality in which a crime control and prevention
31-21 district is established shall adopt a sales and use tax for the
31-22 benefit of the district in the area of the district for the purpose
31-23 of financing the operation of the municipal crime control and
31-24 prevention district. The revenue from the tax may be used only
31-25 for the purpose of financing the operation of the municipal crime
31-26 control and prevention district. The proposition for adopting a
31-27 tax under this section and the proposition for creation of a crime
32-1 control and prevention district shall be submitted at the same
32-2 election. For purposes of Section 321.101(e), a tax under this
32-3 section is not an additional sales and use tax.
32-4 (b) A tax adopted for a district under this section for
32-5 financing the operation of the district may be decreased in
32-6 increments of one-eighth of one percent by order of the board of
32-7 directors of the district. The rate of a tax adopted for a
32-8 district under this section may be increased in increments of
32-9 one-eighth of one percent, not to exceed a total tax rate of
32-10 one-half percent for financing the operation of the municipal crime
32-11 control and prevention district, by order of the board of directors
32-12 of the municipal crime control and prevention district if approved
32-13 by a majority of the qualified voters voting at an election called
32-14 by the board and held in the district on the question of increasing
32-15 the tax rate. At the election, the ballot shall be printed to
32-16 provide for voting for or against the following proposition: "The
32-17 increase of the ________ (insert the name of the municipality)
32-18 Crime Control and Prevention District sales and use tax rate to ___
32-19 percent." If there is an increase or decrease under this
32-20 subsection in the rate of a tax imposed under this section, the new
32-21 rate takes effect as prescribed by Sections 321.102(b) and (d).
32-22 (c) The comptroller shall remit to the municipality in which
32-23 the municipal crime control and prevention district is created
32-24 amounts collected at the rate imposed under this section as part of
32-25 the regular allocation of municipal tax revenue collected by the
32-26 comptroller. The municipality shall deposit the amounts it
32-27 receives from the comptroller under this subsection in a special
33-1 account in the treasury of the municipality as required under
33-2 Section 6.10, Municipal Crime Control and Prevention District Act
33-3 (Article 2370c-5, Revised Statutes). A retailer may not be
33-4 required to use an allocation or reporting procedure in the
33-5 collection of taxes under this section that is different from the
33-6 procedures that retailers use in the collection of other sales and
33-7 use taxes under this chapter. An item, transaction, or service
33-8 that is taxable in a municipality under a sales or use tax
33-9 authorized by another section of this chapter is taxable under this
33-10 section. An item, transaction, or service that is not taxable in a
33-11 municipality under a sales or use tax authorized by another section
33-12 of this chapter is not taxable under this section.
33-13 (d) The comptroller may adopt rules and the governing body
33-14 of the municipality may adopt orders to administer this section.
33-15 SECTION 3. Section 323.105, Tax Code, is amended to read as
33-16 follows:
33-17 Sec. 323.105. County CRIME CONTROL DISTRICT TAX.
33-18 (a) Subject to an election held in accordance with the County
33-19 Crime Control and Prevention District Act, a county in which a
33-20 county crime control and prevention district is established shall
33-21 adopt a sales and use tax in the area of the district for the
33-22 purpose of financing the operation of the county crime control and
33-23 prevention district. The revenue from the tax may be used only for
33-24 the purpose of financing the operation of the county crime control
33-25 and prevention district. The proposition for adopting a tax under
33-26 this section and the proposition for creation of a county crime
33-27 control and prevention district shall be submitted at the same
34-1 election. For purposes of Subsection (c) of Section 323.101 of
34-2 this code, a tax under this section is not a county sales and use
34-3 tax.
34-4 (b) A tax adopted for a district under this section for
34-5 financing the operation of the district may be decreased in
34-6 increments of one-fourth of one percent by order of the board of
34-7 directors of the district. The rate of a tax adopted for a
34-8 district under this section may be increased in increments of
34-9 one-fourth of one percent, not to exceed a total tax rate of
34-10 one-half percent for financing the operation of the county crime
34-11 control and prevention district, by order of the board of directors
34-12 of the county crime control and prevention district if approved by
34-13 a majority of the qualified voters voting at an election called by
34-14 the board and held in the district on the question of increasing
34-15 the tax rate. At the election, the ballot shall be printed to
34-16 provide for voting for or against the following proposition: "The
34-17 increase of the ____________ County Crime Control and Prevention
34-18 District sales and use tax rate to ____________ percent." If there
34-19 is an increase or decrease under this subsection in the rate of a
34-20 tax imposed under this section, the new rate takes effect on the
34-21 first day of the next calendar year after the expiration of one
34-22 calendar quarter after the comptroller receives notice of the
34-23 increase or decrease. However, if the comptroller notifies the
34-24 president of the board of directors of the district in writing
34-25 within 10 days after receipt of the notification that the
34-26 comptroller requires more time to implement reporting and
34-27 collection procedures, the comptroller may delay implementation of
35-1 the rate change for one whole calendar quarter. In that event, the
35-2 new rate takes effect on the first day of the next calendar quarter
35-3 following the elapsed quarter.
35-4 (c) The comptroller shall remit to the county amounts
35-5 collected at the rate imposed under this section as part of the
35-6 regular allocation of county tax revenue collected by the
35-7 comptroller. The county shall, if the district is composed of an
35-8 area less than the entire county, remit that amount to the
35-9 district. Retailers may not be required to use the allocation and
35-10 reporting procedures in the collection of taxes under this section
35-11 different from the procedures that retailers use in the collection
35-12 of other sales and use taxes under this chapter. An item,
35-13 transaction, or service that is taxable in a county under a sales
35-14 or use tax authorized by another section of this chapter is taxable
35-15 under this section. An item, transaction, or service that is not
35-16 taxable in a county under a sales or use tax authorized by another
35-17 section of this chapter is not taxable under this section.
35-18 (d) If, in a county where a county crime control and
35-19 prevention district is composed of the whole county, a county sales
35-20 and use tax or a county sales and use tax rate increase for the
35-21 purpose of financing a county crime control and prevention district
35-22 is approved, the county is responsible for distributing to the
35-23 district that portion of the county sales and use tax revenue
35-24 received from the comptroller that is to be used for the purposes
35-25 of financing the county crime control and prevention district. Not
35-26 later than the 10th day after the date the county receives funds
35-27 under this section from the comptroller, the county shall make the
36-1 distribution in the proportion that the county crime control and
36-2 prevention portion of the tax rate bears to the total sales and use
36-3 tax rate of the county. The amounts distributed to a county crime
36-4 control and prevention district are not considered to be sales and
36-5 use tax revenue for the purpose of property tax reduction and
36-6 computation of the county tax rate under Section 26.041, Tax Code.
36-7 (e) For purposes of the tax imposed under this section, a
36-8 reference in this chapter to the county as the territory in which
36-9 the tax or an incident of the tax applies means only the territory
36-10 located in the county crime control and prevention district, if
36-11 that district is composed of an area less than an entire county.
36-12 (f) The comptroller may adopt rules and the county
36-13 commissioners court may adopt orders to administer this section.
36-14 SECTION 4. Section 1.01, Crime Control and Prevention
36-15 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
36-16 amended to read as follows:
36-17 Sec. 1.01. SHORT TITLE. This Act may be cited as the County
36-18 Crime Control and Prevention District Act.
36-19 SECTION 5. Section 1.04(1), Crime Control and Prevention
36-20 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
36-21 amended to read as follows:
36-22 (1) "District" means a county crime control and
36-23 prevention district created under this Act.
36-24 SECTION 6. Section 1.05A, Crime Control and Prevention
36-25 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
36-26 repealed.
36-27 SECTION 7. The governing body of a municipality in which a
37-1 crime control and prevention district is established before the
37-2 effective date of this Act under the Crime Control and Prevention
37-3 District Act (Article 2370c-4, Vernon's Texas Civil Statutes),
37-4 shall by resolution adopt the provisions of this Act as the
37-5 statutes governing the operation of the crime control and
37-6 prevention district.
37-7 SECTION 8. This Act takes effect September 1, 1997.
37-8 SECTION 9. The importance of this legislation and the
37-9 crowded condition of the calendars in both houses create an
37-10 emergency and an imperative public necessity that the
37-11 constitutional rule requiring bills to be read on three several
37-12 days in each house be suspended, and this rule is hereby suspended.