1-1                                   AN ACT

 1-2     relating to certain crime control and prevention districts.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 1.05A, Crime Control and Prevention

 1-5     District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is

 1-6     amended to read as follows:

 1-7           Sec. 1.05A.  CREATION OF DISTRICT BY CERTAIN MUNICIPALITIES.

 1-8     A municipality that is partially or wholly located in a county with

 1-9     a population of more than 5,000 [1 million] may create a crime

1-10     control district in its jurisdiction in the same manner as a county

1-11     under this Act.  A crime control district created by a municipality

1-12     under this section has the same relationship with the municipality

1-13     as a crime control district created by a [the] county under this

1-14     Act has with the county.  A municipality creating a district under

1-15     this section shall pay the entire cost of creating the district but

1-16     may be reimbursed for its costs under Section 3.10(d) of this Act.

1-17           SECTION 2.  Section 3.03(b), Crime Control and Prevention

1-18     District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is

1-19     amended to read as follows:

1-20           (b)  The proposed rate for the district sales and use tax

1-21     imposed under Subchapter B, Chapter 323, Tax Code, may be only:

1-22                 (1)  one-eighth of one percent;

1-23                 (2)  one-fourth of one percent;

1-24                 (3)  three-eighths of one percent; or

 2-1                 (4) [(2)]  one-half of one percent.

 2-2           SECTION 3.  Section 4.01, Crime Control and Prevention

 2-3     District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is

 2-4     amended by adding Subsections (c) and (d) to read as follows:

 2-5           (c)  The governing body of a municipality or county by

 2-6     resolution may appoint the governing body's membership as the board

 2-7     of directors of the district, if the appointment is approved by the

 2-8     voters in a creation election or continuation referendum under this

 2-9     Act.  A member of a governing body appointed under this section as

2-10     a member of the district's board of directors serves a term

2-11     concurrent with the member's term as a member of the governing

2-12     body.

2-13           (d)  In a district for which the governing body of the

2-14     municipality or county does not serve as the district's board of

2-15     directors, the governing body may create a board of directors for

2-16     which one director is appointed by each member of the governing

2-17     body to serve at the pleasure of that member for a term that is

2-18     concurrent with the term of the member of the governing body that

2-19     appointed the director.

2-20           SECTION 4.  Section 8.01, Crime Control and Prevention

2-21     District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is

2-22     amended by adding Subsection (d) to read as follows:

2-23           (d)  In a county with a population of one million or more,

2-24     the board or commissioners court may specify the number of years

2-25     for which the district should be continued.  The governing body of

2-26     a municipality with a population of 75,000 or less that creates a

2-27     district under Section 1.05A of this Act may specify the number of

 3-1     years for which the district should be continued.  The board,

 3-2     commissioners court, or governing body of a municipality may

 3-3     continue a district only for 5, 10, 15, or 20 years.  For a

 3-4     continuation referendum under this subsection, the ballot shall be

 3-5     printed to permit voting for or against the proposition:  "Whether

 3-6     the ______ Crime Control and Prevention District should be

 3-7     continued for _____ years and the crime control and prevention

 3-8     district sales and use tax should be continued for _____ years."

 3-9           SECTION 5.  Section 10.01, Crime Control and Prevention

3-10     District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is

3-11     amended by amending Subsection (a) and adding Subsection (c) to

3-12     read as follows:

3-13           (a)  A district is dissolved five years after the date the

3-14     district began to levy taxes for district purposes [was created] if

3-15     the district has not held a continuation or dissolution referendum.

3-16           (c)  Subsection (b) of this section does not apply to a

3-17     district that is continued under Section 8.01(d) of this Act, and

3-18     that district is dissolved on the expiration of the period for

3-19     which it was continued.

3-20           SECTION 6.  Section 323.105, Tax Code, is amended to read as

3-21     follows:

3-22           Sec. 323.105.  Crime Control District Tax.  (a)  Subject to

3-23     an election held in accordance with the Crime Control and

3-24     Prevention District Act, a county in which a crime control and

3-25     prevention district is established shall adopt a sales and use tax

3-26     in the area of the district for the purpose of financing the

3-27     operation of the crime control and prevention district.  The

 4-1     revenue from the tax may be used only for the purpose of financing

 4-2     the operation of the crime control and prevention district.  The

 4-3     proposition for adopting a tax under this section and the

 4-4     proposition for creation of a crime control and prevention district

 4-5     shall be submitted at the same election.  For purposes of

 4-6     Subsection (c) of Section 323.101 of this code, a tax under this

 4-7     section is not a county sales and use tax.

 4-8           (b)  A tax adopted for a district under this section for

 4-9     financing the operation of the district may be decreased in

4-10     increments of one-eighth [one-fourth] of one percent by order of

4-11     the board of directors of the district.

4-12           (c)  The board of directors or the governing body of the

4-13     governmental entity that proposed the creation of the crime control

4-14     and prevention district may call an election on the question of

4-15     decreasing the tax rate in increments of one-eighth of one percent

4-16     in the district if the district was created before January 1, 1996.

4-17     The board of directors or governing body may dedicate a portion of

4-18     the tax for the payment of bonds used in conjunction with the

4-19     renovation or extension of a county-owned or municipally owned

4-20     convention center facility, as defined in Section 351.001, that was

4-21     constructed before 1969 if the dedication is approved by a majority

4-22     of the qualified voters in an election held in the district on the

4-23     question of decreasing the tax rate.  At the election, the ballot

4-24     shall be printed to provide for voting for or against the following

4-25     proposition:  "The decrease of the _______ Crime Control and

4-26     Prevention District sales and use tax to _____ percent and

4-27     authorizing the use of ______ of one percent for the payment of

 5-1     bonds issued for the renovation or extension of certain

 5-2     county-owned or municipally owned convention center facilities as

 5-3     that term is defined under Section 351.001, Tax Code, and

 5-4     authorizing that the tax expire on payment of the bonds."

 5-5           (d)  The rate of a tax adopted for a district under this

 5-6     section may be increased in increments of one-eighth [one-fourth]

 5-7     of one percent, not to exceed a total tax rate of one-half percent

 5-8     for financing the operation of the crime control and prevention

 5-9     district, by order of the board of directors of the crime control

5-10     and prevention district if approved by a majority of the qualified

5-11     voters voting at an election called by the board and held in the

5-12     district on the question of increasing the tax rate.  At the

5-13     election, the ballot shall be printed to provide for voting for or

5-14     against the following proposition:  "The increase of the

5-15     ____________ [County] Crime Control and Prevention District sales

5-16     and use tax rate to ____________ percent."  If there is an increase

5-17     or decrease under this subsection in the rate of a tax imposed

5-18     under this section, the new rate takes effect on the first day of

5-19     the next calendar quarter [year] after the expiration of one

5-20     calendar quarter after the comptroller receives notice of the

5-21     increase or decrease.  However, if the comptroller notifies the

5-22     president of the board of directors of the district in writing

5-23     within 10 days after receipt of the notification that the

5-24     comptroller requires more time to implement reporting and

5-25     collection procedures, the comptroller may delay implementation of

5-26     the rate change for one whole calendar quarter.  In that event, the

5-27     new rate takes effect on the first day of the next calendar quarter

 6-1     following the elapsed quarter.

 6-2           (e) [(c)]  The comptroller shall remit to the county amounts

 6-3     collected at the rate imposed under this section as part of the

 6-4     regular allocation of county tax revenue collected by the

 6-5     comptroller.  The county shall, if the district is composed of an

 6-6     area less than the entire county, remit that amount to the

 6-7     district.  Retailers may not be required to use the allocation and

 6-8     reporting procedures in the collection of taxes under this section

 6-9     different from the procedures that retailers use in the collection

6-10     of other sales and use taxes under this chapter.  An item,

6-11     transaction, or service that is taxable in a county under a sales

6-12     or use tax authorized by another section of this chapter is taxable

6-13     under this section.  An item, transaction, or service that is not

6-14     taxable in a county under a sales or use tax authorized by another

6-15     section of this chapter is not taxable under this section.

6-16           (f) [(d)]  If, in a county where a crime control and

6-17     prevention district is composed of the whole county, a county sales

6-18     and use tax or a county sales and use tax rate increase for the

6-19     purpose of financing a crime control and prevention district is

6-20     approved, the county is responsible for distributing to the

6-21     district that portion of the county sales and use tax revenue

6-22     received from the comptroller that is to be used for the purposes

6-23     of financing the crime control and prevention district.  Not later

6-24     than the 10th day after the date the county receives funds under

6-25     this section from the comptroller, the county shall make the

6-26     distribution in the proportion that the crime control and

6-27     prevention portion of the tax rate bears to the total sales and use

 7-1     tax rate of the county.  The amounts distributed to a crime control

 7-2     and prevention district are not considered to be sales and use tax

 7-3     revenue for the purpose of property tax reduction and computation

 7-4     of the county tax rate under Section 26.041, Tax Code.

 7-5           (g) [(e)]  For purposes of the tax imposed under this

 7-6     section, a reference in this chapter to the county as the territory

 7-7     in which the tax or an incident of the tax applies means only the

 7-8     territory located in the crime control and prevention district, if

 7-9     that district is composed of an area less than an entire county.

7-10           (h) [(f)]  The comptroller may adopt rules and the county

7-11     commissioners court may adopt orders to administer this section.

7-12           SECTION 7.  The importance of this legislation and the

7-13     crowded condition of the calendars in both houses create an

7-14     emergency and an imperative public necessity that the

7-15     constitutional rule requiring bills to be read on three several

7-16     days in each house be suspended, and this rule is hereby suspended,

7-17     and that this Act take effect and be in force from and after its

7-18     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2335 was passed by the House on May

         2, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 2335 on May 21, 1997, by the

         following vote:  Yeas 144, Nays 1, 1 present, not voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2335 was passed by the Senate, with

         amendments, on May 17, 1997, by the following vote:  Yeas 26, Nays

         4.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor