1-1 By: Smith (Senate Sponsor - Harris) H.B. No. 2335
1-2 (In the Senate - Received from the House May 5, 1997;
1-3 May 6, 1997, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 13, 1997, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 9, Nays
1-6 0; May 13, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2335 By: Lindsay
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to certain crime control and prevention districts.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 1.05A, Crime Control and Prevention
1-13 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
1-14 amended to read as follows:
1-15 Sec. 1.05A. CREATION OF DISTRICT BY CERTAIN MUNICIPALITIES.
1-16 A municipality that is partially or wholly located in a county with
1-17 a population of more than 5,000 [1 million] may create a crime
1-18 control district in its jurisdiction in the same manner as a county
1-19 under this Act. A crime control district created by a municipality
1-20 under this section has the same relationship with the municipality
1-21 as a crime control district created by a [the] county under this
1-22 Act has with the county. A municipality creating a district under
1-23 this section shall pay the entire cost of creating the district but
1-24 may be reimbursed for its costs under Section 3.10(d) of this Act.
1-25 SECTION 2. Section 3.03(b), Crime Control and Prevention
1-26 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
1-27 amended to read as follows:
1-28 (b) The proposed rate for the district sales and use tax
1-29 imposed under Subchapter B, Chapter 323, Tax Code, may be only:
1-30 (1) one-eighth of one percent;
1-31 (2) one-fourth of one percent;
1-32 (3) three-eighths of one percent; or
1-33 (4) [(2)] one-half of one percent.
1-34 SECTION 3. Section 4.01, Crime Control and Prevention
1-35 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
1-36 amended by adding Subsections (c) and (d) to read as follows:
1-37 (c) The governing body of a municipality or county by
1-38 resolution may appoint the governing body's membership as the board
1-39 of directors of the district, if the appointment is approved by the
1-40 voters in a creation election or continuation referendum under this
1-41 Act. A member of a governing body appointed under this section as
1-42 a member of the district's board of directors serves a term
1-43 concurrent with the member's term as a member of the governing
1-44 body.
1-45 (d) In a district for which the governing body of the
1-46 municipality or county does not serve as the district's board of
1-47 directors, the governing body may create a board of directors for
1-48 which one director is appointed by each member of the governing
1-49 body to serve at the pleasure of that member for a term that is
1-50 concurrent with the term of the member of the governing body that
1-51 appointed the director.
1-52 SECTION 4. Section 8.01, Crime Control and Prevention
1-53 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
1-54 amended by amending Subsections (b) and (c) and adding Subsection
1-55 (d) to read as follows:
1-56 (b) The board shall order a continuation referendum if a
1-57 petition that requests continuation of the district is presented in
1-58 accordance with this article or if a majority of the commissioners
1-59 court of the county in which the district is located by resolution
1-60 requests continuation after notice and a public hearing on the
1-61 matter. However, the board may not hold a continuation referendum
1-62 under this subsection earlier than five years after the date the
1-63 district was created or earlier than three years after the date of
1-64 the last preceding continuation or dissolution referendum.
2-1 (c) The board may hold a referendum on the question of
2-2 whether to continue the district until all liabilities of the
2-3 district and all liabilities associated with the district have been
2-4 retired. The board shall order a continuation referendum on the
2-5 question if a petition that requests continuation of the district
2-6 for those purposes is presented in accordance with this article or
2-7 if a majority of the commissioners court of the county in which the
2-8 district is located by resolution requests continuation of the
2-9 district for those purposes after notice and a public hearing on
2-10 the matter. The board may not hold a continuation referendum under
2-11 this subsection earlier than one year after the date of the
2-12 creation of the district.
2-13 (d) For a continuation referendum under Subsection (b) of
2-14 this section, the ballot shall be printed to permit voting for or
2-15 against the proposition: "Whether the ________ County Crime Control
2-16 and Prevention District should be continued and the crime control
2-17 and prevention district sales and use tax should be continued."
2-18 For a continuation referendum under Subsection (c) of this section,
2-19 the ballot shall be printed to permit voting for or against the
2-20 proposition: "Whether the ________ County Crime Control and
2-21 Prevention District should be continued and the crime control and
2-22 prevention district sales and use tax should be continued until all
2-23 liabilities of the district and all liabilities associated with the
2-24 district have been retired."
2-25 SECTION 5. Section 10.01, Crime Control and Prevention
2-26 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
2-27 amended by amending Subsection (a) and adding Subsection (c) to
2-28 read as follows:
2-29 (a) A district is dissolved five years after the date the
2-30 district began to levy taxes for district purposes [was created] if
2-31 the district has not held a continuation or dissolution referendum.
2-32 (c) Subsection (b) of this section does not apply to a
2-33 district continued by a referendum held under Section 8.01(c) of
2-34 this Act. A district continued under Section 8.01(c) of this Act
2-35 is dissolved on the date all liabilities of the district and all
2-36 liabilities associated with the district are retired.
2-37 SECTION 6. The importance of this legislation and the
2-38 crowded condition of the calendars in both houses create an
2-39 emergency and an imperative public necessity that the
2-40 constitutional rule requiring bills to be read on three several
2-41 days in each house be suspended, and this rule is hereby suspended,
2-42 and that this Act take effect and be in force from and after its
2-43 passage, and it is so enacted.
2-44 * * * * *