Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Lewis of Tarrant H.B. No. 2659
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 to allow creation of a Fire Protection and Crime Prevention
1-3 District in municipalities partially or wholly located in counties
1-4 with a population between 1 million and 1.5 million.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Title 44, Revised Statutes, is amended by adding
1-7 Article 2370c-5 to read as follows:
1-8 Art. 2370c-5. Fire Protection and Crime Prevention Districts
1-9 in municipalities located in counties between one and 1.5 million
1-10 population.
1-11 ARTICLE I. GENERAL PROVISIONS
1-12 Sec. 1.01. SHORT TITLE. This Act may be cited as the Fire
1-13 Protection and Crime Prevention Act.
1-14 Sec. 1.02. APPLICABILITY. This Act applies only to
1-15 municipalities partially or wholly located in counties with a
1-16 population between 1 million and 1.5 million.
1-17 Sec. 1.03. RELATIONSHIP WITH ARTICLE 2370C-4, REVISED
1-18 STATUTES. A municipality to which this Act applies may create in
1-19 its jurisdiction a crime control district as authorized by Article
1-20 2370c-4 or a fire protection and crime prevention district as
1-21 provided in this Act, but not both.
1-22 ARTICLE 2. TEMPORARY DIRECTORS
1-23 Sec. 2.01. APPOINTMENT OF TEMPORARY DIRECTORS. (a) The
1-24 governing body of a municipality which proposes the creation of a
2-1 fire protection and crime prevention district shall appoint seven
2-2 persons that reside in the municipality to serve as temporary
2-3 directors of the proposed district. The temporary directors must
2-4 be appointed by the municipality's governing body no later than the
2-5 60th day after the date the district is proposed.
2-6 (b) If the governing body of a municipality proposes the
2-7 creation of a fire protection and crime prevention district in a
2-8 municipality which previously has established a crime control and
2-9 prevention district under Article 2370c-4, Revised Statutes, the
2-10 board of directors appointed to administer the crime control and
2-11 prevention district shall act as temporary directors of the
2-12 proposed fire protection and crime prevention district, and shall
2-13 fulfill all obligations required of temporary directors by this
2-14 Act.
2-15 Sec. 2.02. BOARD ORGANIZATION; ELECTION OF TEMPORARY CHAIR.
2-16 Within 15 days after the date on which the temporary directors are
2-17 appointed by the municipality's governing body, the temporary board
2-18 shall organize and elect a chair from among its membership.
2-19 Sec. 2.03. DESIGNATED ALTERNATE. A temporary director who
2-20 is not the temporary chair may designate another person to serve in
2-21 the director's place.
2-22 Sec. 2.04. VACANCY IN OFFICE. A vacancy in the office of
2-23 temporary director shall be filled in the same manner that the
2-24 vacant position was originally filled.
2-25 ARTICLE 3. CREATION OF DISTRICTS
2-26 Sec. 3.01. CREATION ELECTION. A district proposed by the
2-27 municipality's governing body may be created and a tax may be
2-28 authorized only if the creation and the tax are approved by a
2-29 majority of the qualified voters of the municipality voting at an
2-30 election called and held for that purpose.
3-1 Sec. 3.02. ORDERING ELECTION. After a majority of the
3-2 temporary directors of a proposed district have approved a budget
3-3 plan and a fire protection and crime prevention plan in accordance
3-4 with Section 3.09 of this Act, a majority of the temporary
3-5 directors may order that a creation election be held.
3-6 Sec. 3.03. ELECTION ORDER. (a) An order calling an
3-7 election under Section 3.02 of this Act must state:
3-8 (1) The nature of the election, including the
3-9 proposition that is to appear on the ballot;
3-10 (2) The date of the election;
3-11 (3) The hours during which the polls will be open;
3-12 (4) The location of the polling places;
3-13 (5) In summary form, the approved budget plan and fire
3-14 protection and crime prevention plan of the proposed district; and
3-15 (6) The proposed rate of the sales and use tax for the
3-16 district.
3-17 (b) The proposed rate for the district sales and use tax
3-18 imposed under Subchapter B, Chapter 323, Tax Code, may be only:
3-19 (1) One-fourth of one percent; or
3-20 (2) One-half of one percent.
3-21 (c) A sales and use tax approved under this Act may be
3-22 charged in addition to any other sales and use tax authorized by
3-23 law and is included in computing a combined sales and use tax rate
3-24 for purposes of any limitation provided by law on the maximum
3-25 combined sales and use tax rate of political subdivisions.
3-26 Sec. 3.04. NOTICE. The temporary directors of a proposed
3-27 district shall give notice of a creation election by publishing a
3-28 substantial copy of the election order in a newspaper with general
3-29 circulation in the proposed district once a week for two
3-30 consecutive weeks. The first publication must appear at least 35
4-1 days before the date set for the election.
4-2 Sec. 3.05. ELECTION DATE. (a) A creation election shall be
4-3 held not less than 35 days nor more than 60 days after the date on
4-4 which the election is ordered.
4-5 (b) Subsection (a), Section 41.001, Election Code, does not
4-6 apply to a creation election ordered under this Act.
4-7 Sec. 3.06. BALLOT PROPOSITION. The ballot for a creation
4-8 election shall be printed to permit voting for or against the
4-9 proposition: "the creation of the _________ Municipal fire
4-10 Protection and Crime Prevention District dedicated to fire
4-11 protection and crime reduction programs and the adoption of a
4-12 proposed local sales and use tax at a rate of _______ (the rate
4-13 specified in the election order)."
4-14 Sec. 3.07. CANVASSING RETURNS. (a) Not earlier than the
4-15 second day or later than the 13th day after the date of a creation
4-16 election, the temporary board of a proposed district shall meet and
4-17 canvass the returns of the election.
4-18 (b) If the temporary board finds that the election results
4-19 are favorable to the proposition to create the district, the
4-20 temporary board shall issue an order declaring the district
4-21 created.
4-22 (c) If the temporary board finds that the election results
4-23 are not favorable to the proposition to create the district, the
4-24 temporary board may order another election on the matter not
4-25 earlier than one year after the date of the preceeding election.
4-26 Sec. 3.08. DISSOLUTION OF TEMPORARY BOARD. If a district
4-27 has not been created under this Act before the fifth anniversary of
4-28 the date a district is proposed by the municipality's governing
4-29 body, the temporary board is dissolved on that date and a district
4-30 may not be created under this Act.
5-1 Sec. 3.09. FIRE PROTECTION AND CRIME PREVENTION PLAN; BUDGET
5-2 PLAN. (a) The temporary board of a proposed district shall
5-3 formulate and approve a two-year fire protection and crime
5-4 prevention plan, which must include:
5-5 (1) A detailed list of the crime control and crime
5-6 prevention strategies to be supported by the district;
5-7 (2) A detailed list of the fire protection strategies
5-8 to be supported by the district; and
5-9 (3) The method of annually evaluating the
5-10 effectiveness and efficiency of individual fire protection and
5-11 crime prevention strategies.
5-12 (b) The temporary board of a proposed district shall
5-13 formulate and approve a two-year budget plan, which must include:
5-14 (1) The amount of money budgeted by the district for
5-15 each fire protection and crime prevention strategy;
5-16 (2) The amount of money budgeted by the district and
5-17 the percentage of the total budget of the district for
5-18 administration, with individual amounts on how much of the
5-19 administration would be conducted by the district and how much
5-20 would be conducted by a private or public entities;
5-21 (3) The estimated amount of money available to the
5-22 district from all sources during the ensuing year;
5-23 (4) The amount of balances expected at the end of the
5-24 years for which the budget is prepared; and
5-25 (5) The estimated tax rate that will be required.
5-26 (c) The fire protection and crime prevention plan and budget
5-27 plan must be adopted in the same manner as provided for adoption of
5-28 a proposed annual budget under Section 6.05 of this Act.
5-29 (d) The temporary board shall coordinate its efforts with
5-30 local law enforcement officials, the local community supervision
6-1 and corrections department, the local juvenile probation
6-2 department, and the local fire department in developing its fire
6-3 protection and crime prevention plan and its budget plan.
6-4 Sec. 3.10. FINANCING CREATION OF DISTRICT. A municipality
6-5 creating a fire protection and crime prevention district under this
6-6 Act shall pay the entire cost of creating the district. If a
6-7 district is created, the district shall reimburse the municipality
6-8 for actual expenses incurred in the creation of the district.
6-9 Sec. 3.11. DONATIONS, GIFTS AND ENDOWMENTS. On behalf of a
6-10 district, the temporary board may accept donations, gifts and
6-11 endowments to be held in trust for any purpose and under any
6-12 direction, limitation, or provision prescribed in writing by the
6-13 donor that is consistent with this Act and the proper management of
6-14 the district.
6-15 Sec. 3.12. ALTERNATE CREATION ELECTION. (a) If a crime
6-16 control and prevention district organized under Article 2370c-4,
6-17 Revised Statutes, previously has been created or proposed by the
6-18 municipality, a creation election for a fire protection and crime
6-19 prevention district under this Act must be held in conjunction with
6-20 a creation election, continuation referendum, or dissolution
6-21 referendum under Article 2370c-4, Revised Statutes.
6-22 (b) In the combined election, the ballot proposition will be
6-23 worded in such a way as to allow voters three options:
6-24 (1) to create or continue the crime control and
6-25 prevention district, whichever is appropriate;
6-26 (2) to create a fire protection and crime prevention
6-27 district; or
6-28 (3) to reject both alternatives (1) and (2).
6-29 (c) In a joint election held under this Section, the
6-30 temporary directors may propose that the district sales and use tax
7-1 be at the same rate regardless of which type district the voters
7-2 approve, or may specify a different rate dependent upon which type
7-3 of district the voters approve. If different rates for the
7-4 district sales and use tax are proposed, both the election order
7-5 and the ballot proposition shall clearly state the rate of sales
7-6 and use tax to be imposed if a crime control and prevention
7-7 district is created, and the different rate to be imposed if a fire
7-8 protection and crime prevention district is created.
7-9 ARTICLE 4. DISTRICT ADMINISTRATION
7-10 Sec. 4.01. BOARD OF DIRECTORS. (a) A district is governed
7-11 by a board of seven directors appointed in the same manner as
7-12 provided for the selection of temporary directors under Section
7-13 2.01 of this Act.
7-14 (b) Board members serve staggered two-year terms that expire
7-15 September 1. The initial appointees under this section shall draw
7-16 lots to determine:
7-17 (1) the three directors to serve terms that expire on
7-18 September 1 of the first year following creation of the district;
7-19 and
7-20 (2) the four directors to serve terms that expire on
7-21 September 1 of the second year following creation of the district.
7-22 Sec. 4.02. DESIGNATED ALTERNATE. A director, other than the
7-23 president or vice-president, may designate a person to serve in the
7-24 director's absence.
7-25 Sec. 4.03. BOND. (a) Before assuming the duties of the
7-26 office, each director or officer, including a person designated
7-27 under Section 4.02 of this Act, must execute a bond for $5,000
7-28 payable to the district, conditioned on the faithful performance of
7-29 the person's duties as director or officer.
7-30 (b) The bond shall be kept in the permanent records of the
8-1 district.
8-2 (c) A board may pay for the bonds of the directors or
8-3 officers with district funds.
8-4 Sec. 4.04. BOARD VACANCY. A vacancy in the office of
8-5 director shall be filled for the unexpired terms in the same manner
8-6 that the vacant position was originally filed.
8-7 Sec. 4.05. OFFICERS. A board shall elect from among its
8-8 members a president and vice-president. The board shall also
8-9 appoint a secretary. The secretary need not be a director. The
8-10 person who performs the duties of city auditor shall serve as
8-11 treasurer for the district.
8-12 Sec. 4.06. OFFICERS' TERMS; VACANCY. (a) Each officer of a
8-13 board serves for a term of one year.
8-14 (b) A vacancy in a board office shall be filled for the
8-15 unexpired term by the board.
8-16 Sec. 4.07. COMPENSATION. Directors and officers serve
8-17 without compensation, but all directors and officers may be
8-18 reimbursed for actual expenses incurred in the performance of
8-19 official duties. Those expenses must be reported in the district's
8-20 minute book or other district records and must be approved by the
8-21 board.
8-22 Sec. 4.08. VOTING REQUIREMENT. A concurrence of a majority
8-23 of the members of a board is necessary in matters relating to the
8-24 business of a district. A two-thirds majority vote of the board is
8-25 required to reject any application for funding available under this
8-26 Act.
8-27 Sec. 4.09. ADMINISTRATION. A board may contract with a
8-28 public agency or private vendor to assist in the administration or
8-29 management of a district or to assist in the review of applications
8-30 for funding available under this Act.
9-1 ARTICLE 5. POWERS AND DUTIES
9-2 Sec. 5.01. LIMITATIONS ON EXPENDITURES. A district may
9-3 finance all the costs of a fire protection and crime prevention
9-4 program, including the costs for personnel, administration,
9-5 expansion, enhancement, and capital expenditures. A program may
9-6 include all programs and functions listed in Section 5.01(a) of
9-7 Article 2370c-4, and in addition, may include the following fire
9-8 protection and prevention related programs and equipment:
9-9 (1) Fire apparatus and equipment;
9-10 (2) Bomb disposal unit and equipment;
9-11 (3) Compensation of fire protection and prevention
9-12 personnel for specialized training, including but not limited to
9-13 arson, bomb disposal, hazardous materials, technical rescue, and
9-14 paramedic certification;
9-15 (4) Funding for fire fighter safety equipment,
9-16 including but not limited to turn out gear, self-contained
9-17 breathing apparatus, and protective uniforms;
9-18 (5) Fire safety education programs for the public;
9-19 (6) Additional compensation for municipal fire
9-20 personnel, including overtime compensation for unforeseen staffing
9-21 needs;
9-22 (7) Funding for the construction and maintenance of
9-23 additional fire stations, training facilities, and the equipment
9-24 needed for those facilities; and
9-25 (8) Fire communications units and equipment.
9-26 Sec. 5.02. DISTRICT RESPONSIBILITIES. (a) The district
9-27 shall coordinate its efforts with the local community justice
9-28 council in developing its fire protection and crime prevention
9-29 program.
9-30 (b) The district shall fund an annual evaluation program to
10-1 study the impact, efficiency, and effectiveness of new or expanded
10-2 fire protection and crime prevention programs.
10-3 (c) The board of directors of the district may seek the
10-4 assistance of the Office of State-Federal Relations in identifying
10-5 and applying for federal grants for fire protection and criminal
10-6 justice programs. The board of directors shall notify the
10-7 appropriate council of governments of any intent to submit
10-8 applications for federal funds and for inclusion in the regional
10-9 criminal justice planning process.
10-10 (d) The district may apply for and receive grants for
10-11 criminal and juvenile justice programs from the criminal justice
10-12 division in the Governor's office.
10-13 Sec. 5.03. MANAGEMENT, CONTROL AND ADMINISTRATION. The
10-14 board of directors shall manage, control and administer the
10-15 district funds, except as provided by Section 6.06 of this Act.
10-16 Sec. 5.04. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE. A board
10-17 is subject to the Open Meetings Law, Chapter 551, Government Code,
10-18 and the Administrative Procedure Act, Chapter 2001, Government
10-19 Code.
10-20 Sec. 5.05. LIABILITY. A member of a board is not liable for
10-21 civil damages or criminal prosecution for any act performed in good
10-22 faith in the execution of duties as a board member or for an action
10-23 taken by the board.
10-24 Sec. 5.06. DISTRICT RULES. A board may adopt rules
10-25 governing district funded programs and the duties, functions, and
10-26 responsibilities of district staff and employees.
10-27 Sec. 5.07. METHODS AND PROCEDURES. (a) A board may
10-28 prescribe the method of making purchases and expenditures by and
10-29 for the district; however, the board may enter purchasing contracts
10-30 that involve spending more than $15,000 only after competitive
11-1 bidding as provided by Subchapter C, Chapter 262, Local Government
11-2 Code, to the extent those provisions can be made applicable to the
11-3 board.
11-4 (b) The board may prescribe accounting and control
11-5 procedures for the district.
11-6 (c) If the municipality in which the district is located has
11-7 a purchasing agent authorized by law, that agent shall serve as
11-8 purchasing agent for the district.
11-9 Sec. 5.08. DISTRICT PROPERTY, FACILITIES AND EQUIPMENT. The
11-10 board may acquire or lease property, facilities, or equipment for
11-11 the sole purpose of administering the district.
11-12 Sec. 5.09. REIMBURSEMENT FOR SERVICES. (a) A municipality
11-13 located entirely outside the boundaries of the district shall, on
11-14 request, reimburse a district for the district's cost of including
11-15 in a district program a resident of that municipality.
11-16 (b) The board may require reimbursement from the state or
11-17 county for the district's cost of including in a district program
11-18 or facility a person who is a resident of the state or county but
11-19 who is not a resident of the district.
11-20 (c) On behalf of the district, the board may contract with a
11-21 municipal or county government or with the state or federal
11-22 government for the municipality, county, state, or federal
11-23 government to reimburse the district for including a person in a
11-24 district program.
11-25 Sec. 5.10. SERVICE CONTRACTS. When acting on behalf of a
11-26 district, the board may contract with a municipality, county,
11-27 special district, or other political subdivision of the state, with
11-28 a state or federal agency, with individuals, and with the private
11-29 sector to furnish the staff, facilities, equipment, programs, and
11-30 services the board considers necessary for the effective operation
12-1 of the district.
12-2 Sec. 5.11. DONATIONS, GIFTS AND ENDOWMENTS. On behalf of a
12-3 district, the board may accept donations, gifts, and endowments to
12-4 be held in trust for any purpose and under any direction,
12-5 limitation, or provision prescribed in writing by the donor that is
12-6 consistent with this Act and the proper management of the district.
12-7 Sec. 5.12. AUTHORITY TO SUE AND BE SUED. A board may sue
12-8 and be sued in the name of a district.
12-9 ARTICLE 6. DISTRICT FINANCES
12-10 Sec. 6.01. FISCAL YEAR. (a) A district is operated on the
12-11 basis of a fiscal year established by the board.
12-12 (b) A fiscal year may not be changed more than once in a
12-13 24-month period.
12-14 Sec. 6.02. ANNUAL AUDIT. Annually, a board shall have an
12-15 audit made of the financial condition of the district by an
12-16 independent auditor.
12-17 Sec. 6.03. DISTRICT AUDIT AND RECORDS. An annual audit and
12-18 other district records shall be open to inspection during regular
12-19 business hours at the principal office of the district.
12-20 Sec. 6.04. ANNUAL BUDGET. (a) The board shall prepare a
12-21 proposed annual budget which considers all applications for program
12-22 funding received by the board.
12-23 (b) The proposed budget must contain a complete financial
12-24 statement, including a statement of:
12-25 (1) the outstanding obligations of the district;
12-26 (2) the amount of cash on hand to the credit of each
12-27 fund of the district;
12-28 (3) the amount of money received by the district from
12-29 all sources during the previous year;
12-30 (4) the estimated amount of money available to the
13-1 district from all sources during the current fiscal year;
13-2 (5) the amount of money needed to fund programs
13-3 approved for funding by the board;
13-4 (6) the amount of money requested for programs that
13-5 were not approved for funding by the board;
13-6 (7) the tax rate for the next fiscal year;
13-7 (8) the amount of the balances expected at the end of
13-8 the year in which the budget is being prepared; and
13-9 (9) the estimated amount of revenues and balances
13-10 available to cover the proposed budget.
13-11 Sec. 6.05. NOTICE; BOARD MEETING; ADOPTION OF BUDGET. (a)
13-12 Not later than the 100th day before the beginning of each fiscal
13-13 year, a board shall hold a public hearing on the proposed annual
13-14 budget.
13-15 (b) The board shall publish notice of the hearing in a
13-16 newspaper with general circulation in the district not later than
13-17 the 10th day before the date of the hearing.
13-18 (c) Any resident of the district is entitled to be present
13-19 and participate at the hearing.
13-20 (d) Not later than the 80th day before the beginning of each
13-21 fiscal year, the board shall adopt a budget. The board may make
13-22 any changes in the proposed budget that in its judgment the
13-23 interests of the taxpayers demand.
13-24 (e) The board shall submit the budget to the governing body
13-25 of the municipality in which the district is located not later than
13-26 the 10th day after the date the budget was adopted.
13-27 (f) The board by rule may develop and adopt procedures for
13-28 adopting a budget different from the procedures outlined in this
13-29 Act, but the board must hold public hearings relating to the
13-30 budget.
14-1 Sec. 6.06. NOTICE; MUNICIPAL HEARING; APPROVAL OR REJECTION
14-2 OF BUDGET. (a) Not later that the 45th day before the beginning
14-3 of each fiscal year, the governing body of the municipality in
14-4 which a district is located shall hold a public hearing on the
14-5 proposed annual budget.
14-6 (b) The governing body of the municipality shall publish
14-7 notice of the hearing in a newspaper with general circulation in
14-8 the district not later than the 10th day before the date of the
14-9 hearing.
14-10 (c) Any resident of the district is entitled to be present
14-11 and to participate at the hearing.
14-12 (d) The governing body of the municipality shall approve or
14-13 reject the budget submitted by the board not later than the 30th
14-14 day before the beginning of the fiscal year. The governing body of
14-15 the municipality may not amend the budget.
14-16 (e) If the governing body of the municipality rejects the
14-17 budget submitted by the board, the municipality's governing body
14-18 and the board shall meet and together amend and approve the budget
14-19 before the beginning of the fiscal year.
14-20 (f) The budget may be amended after the beginning of the
14-21 fiscal year on approval by the board and the governing body of the
14-22 municipality.
14-23 Sec. 6.07. LIMITATION ON EXPENDITURES. Money may be spent
14-24 only for an expense included in an annual budget or an amendment to
14-25 it.
14-26 Sec. 6.08. SWORN STATEMENT. Not later than the 60th day
14-27 after the last day of each fiscal year, an administrator shall
14-28 prepare for the board a sworn statement of the amount of money that
14-29 belongs to the district and an account of the disbursements of that
14-30 money.
15-1 Sec. 6.09. SPENDING AND INVESTMENT LIMITATIONS. (a) A
15-2 district may not incur a debt payable from revenues of the district
15-3 other than the revenues on hand or to be on hand in the current or
15-4 immediately following fiscal year of the district.
15-5 (b) The board may not invest district funds in funds or
15-6 securities other than those specified by Article 836 or 837,
15-7 Revised Statutes, or by the Public Funds Investment Act of 1987
15-8 (Article 842-a, Vernon's Texas Civil Statutes).
15-9 Sec. 6.10. DEPOSIT OF FUNDS. (a) A board shall deposit
15-10 district funds in a special account in the treasury of the
15-11 municipality in which the district is located.
15-12 (b) District funds, other than those invested as provided by
15-13 Section 6.09(b) of this Act, shall be deposited as received in the
15-14 municipal treasury and must remain on deposit.
15-15 (c) A board shall reimburse the municipality for any costs
15-16 the municipality incurs in performing the duties imposed under this
15-17 Section, other than personnel.
15-18 Sec. 6.11. APPLICATIONS FOR PROGRAM FUNDING. (a) The chief
15-19 administrative officer or the head of a department of the
15-20 municipality in which a district is created may, with the consent
15-21 of the municipality's governing body, apply to the board for
15-22 funding of a program as described by Section 5.01 of this Act.
15-23 (b) Applications under this Section must be submitted not
15-24 later than the 140th day before the beginning of the fiscal year,
15-25 unless an exception has been adopted by rule.
15-26 (c) The board by rule may develop and adopt application
15-27 procedures.
15-28 ARTICLE 7. BONDS
15-29 Sec. 7.01 A board may not issue or sell general obligation
15-30 bonds, revenue bonds, or refunding bonds. The board and the
16-1 district may issue or sell bonds conditioned on the faithful
16-2 performance of a person's duties as director as provided by Section
16-3 4.03 of this Act.
16-4 ARTICLE 8. DISTRICT CONTINUATION
16-5 Sec. 8.01. CONTINUATION REFERENDUM. (a) A board may hold a
16-6 referendum on the question of whether to continue the district.
16-7 (b) The board shall order a continuation referendum if a
16-8 petition that requests continuation of the district is presented in
16-9 accordance with this Act or if a majority of the governing body of
16-10 the municipality in which the district is located by resolution
16-11 requests continuation after notice and a public hearing on the
16-12 matter. However, the board may not hold a continuation referendum
16-13 earlier than five years after the date the district was created or
16-14 earlier than three years after the date of the last preceding
16-15 continuation or dissolution referendum.
16-16 (c) For a continuation referendum, the ballot shall be
16-17 printed to permit voting for or against the proposition: "Whether
16-18 the ________ Municipal Fire Protection and Crime Prevention
16-19 District should be continued and the fire protection and crime
16-20 prevention district sales and use tax should be continued."
16-21 Sec. 8.02. METHODS FOR INITIATING ELECTION. A board may
16-22 order a continuation referendum on its own motion by a majority
16-23 vote of its members. The board shall order a continuation
16-24 referendum:
16-25 (1) on the presentation of a petition meeting the
16-26 requirements of Sections 8.03 through 8.08 of this Act; or
16-27 (2) on the request of the governing body of the
16-28 municipality under Subsection (b) of Section 8.01 of this Act.
16-29 Sec. 8.03. APPLICATION FOR PETITION; ISSUANCE. If
16-30 petitioned to do so by written application of 10 or more registered
17-1 voters of a district, the city clerk of the municipality in which
17-2 the district is located shall issue to the applicants a petition to
17-3 be circulated among registered voters for their signatures.
17-4 Sec. 8.04. CONTENTS OF APPLICATION. To be valid, an
17-5 application for a petition must contain:
17-6 (1) a heading in the following words: "Application
17-7 for a Petition for a Local Option Referendum to Continue the Fire
17-8 Protection and Crime Prevention District and to Continue the Fire
17-9 Protection and Crime Prevention District Sales and Use Tax";
17-10 (2) a statement of the issue to be voted on in the
17-11 following words: "Whether the ________ Municipal Fire Protection
17-12 and Crime Prevention District should be continued and the fire
17-13 protection and crime prevention district sales and use tax should
17-14 be continued";
17-15 (3) a statement immediately above the signatures of
17-16 the applicants, reading as follows: "It is the purpose and intent
17-17 of the applicants whose signatures appear below that the fire
17-18 protection and crime prevention district be continued and the fire
17-19 protection and crime prevention district sales and use tax in ____
17-20 be continued"; and
17-21 (4) the printed name, signature, residence address,
17-22 and voter registration certificate number of each applicant.
17-23 Sec. 8.05. CONTENTS OF PETITION. To be valid, a petition
17-24 must contain:
17-25 (1) a heading in the following words: "Petition for a
17-26 Local Option Referendum to Continue the _____ Municipal Fire
17-27 Protection and Crime Prevention District and to Continue the Fire
17-28 Protection and Crime Prevention District Sales and Use Tax";
17-29 (2) a statement of the issue to be voted on in the
17-30 same words used in the application;
18-1 (3) a statement immediately above the signatures of
18-2 the petitioners, reading as follows: "It is the purpose and intent
18-3 of the petitioners whose signatures appear below that the fire
18-4 protection and crime prevention district be continued and the fire
18-5 protection and crime prevention district sales and use tax in
18-6 ______ be continued";
18-7 (4) lines and spaces for the names, signatures,
18-8 residence addresses, and voter registration certificate numbers of
18-9 the petitioners; and
18-10 (5) the date of issuance, the serial number, and the
18-11 seal of the city clerk on each page.
18-12 Sec. 8.06. COPIES. A city clerk shall keep an application
18-13 and a copy of the petition in the files of the city clerk's office.
18-14 The clerk shall issue to the applicants as many copies as they
18-15 request.
18-16 Sec. 8.07. FILING OF PETITION; NUMBER OF SIGNATURES. To
18-17 form the basis for the ordering of a referendum, the petition must
18-18 be filed with the city clerk not later than the 60th day after the
18-19 date of its issuance, and it must contain a number of signatures of
18-20 registered voters of the municipality equal to five percent of the
18-21 number of votes cast in the municipality for all candidates for
18-22 governor in the most recent gubernatorial general election.
18-23 Sec. 8.08. REVIEW BY CITY CLERK. (a) A city clerk shall,
18-24 on request of any person, check each name on a petition to
18-25 determine whether the signer is a registered voter of the district.
18-26 A person requesting verification by the city clerk shall pay the
18-27 city clerk a sum equal to 20 cents per name before commencement of
18-28 the verification.
18-29 (b) The city clerk may not count a signature if there is
18-30 reason to believe that:
19-1 (1) it is not the actual signature of the purported
19-2 signer;
19-3 (2) the voter registration certificate number is not
19-4 correct;
19-5 (3) it is a duplication either of a name or of
19-6 handwriting used in any other signature on the petition;
19-7 (4) the residence address of the signer is not
19-8 correct; or
19-9 (5) the name of the voter is not signed exactly as it
19-10 appears on the official copy of the current list of registered
19-11 voters for the voting year in which the petition is issued.
19-12 Sec. 8.09. CERTIFICATION. Not later than the 40th day after
19-13 the date a petition is filed, excluding Saturdays, Sundays, and
19-14 legal holidays, a city clerk shall certify to the board the number
19-15 of registered voters signing the petition.
19-16 Sec. 8.10. ORDER OF ELECTION. (a) A board shall record on
19-17 its minutes the date the petition if filed and the date it is
19-18 certified by the city clerk.
19-19 (b) If the petition contains the required number of
19-20 signatures and is in proper order, the board shall, at its next
19-21 regular session after the certification by the city clerk, order a
19-22 referendum to be held at the regular polling place in each
19-23 municipal election precinct in the city on the next uniform
19-24 election date authorized by Subsection (a), Section 41.001,
19-25 Election Code, that occurs at least 20 days after the date of the
19-26 order. The board shall state in the order the proposition to be
19-27 voted on in the referendum. The order is prima facie evidence of
19-28 compliance with all provisions necessary to give it validity.
19-29 Sec. 8.11. APPLICATION OF ELECTION CODE. A continuation
19-30 referendum shall be held and the returns shall be prepared and
20-1 canvassed in conformity with the Election Code.
20-2 Sec. 8.12. RESULTS OF REFERENDUM. (a) If a majority of the
20-3 votes cast in a referendum under this section are not for the
20-4 continuation of a district:
20-5 (1) the board shall certify that fact to the secretary
20-6 of state not later than the 10th day after the date of the canvass
20-7 of the returns; and
20-8 (2) the district is dissolved and ceases to operate
20-9 except as provided by Subsection (b) of this section.
20-10 (b) A district that is dissolved and that owns property or
20-11 has outstanding short-term or long-term liabilities may continue to
20-12 operate on a temporary basis as provided by Section 10.02 of this
20-13 Act.
20-14 (c) If a majority of the votes cast in the referendum under
20-15 this section are for the continuation of the district, another
20-16 continuation referendum may not be held except as authorized by
20-17 Section 8.01 of this Act.
20-18 Sec. 8.13. CONTEST OF ELECTION. Not later than the 30th day
20-19 after the date of the result of a continuation referendum is
20-20 declared, any qualified voter of the district may contest the
20-21 election by filing a petition in a district court located in the
20-22 district.
20-23 ARTICLE 9. DISTRICT DISSOLUTION
20-24 Sec. 9.01. DISSOLUTION REFERENDUM. (a) A board may hold a
20-25 referendum on the question of whether to dissolve the district.
20-26 (b) The board shall order a dissolution referendum if a
20-27 petition that requests dissolution of the district is presented in
20-28 accordance with this article or if a majority of the governing body
20-29 of the municipality in which the district is located by resolution
20-30 requests dissolution after notice and a public hearing on the
21-1 matter. However, the board may not hold a dissolution referendum
21-2 earlier than five years after the date the district was created or
21-3 earlier than three years after the date of the last preceding
21-4 continuation or dissolution referendum.
21-5 (c) For a dissolution referendum, the ballot shall be
21-6 printed to permit voting for or against the proposition: "Whether
21-7 the ______ Municipal Fire Protection and Crime Prevention District
21-8 should be dissolved and the fire protection and crime prevention
21-9 district sales and use tax should be abolished."
21-10 Sec. 9.02. METHODS FOR INITIATING ELECTION. A board may
21-11 order a dissolution referendum on its own motion by a majority vote
21-12 of its members. The board shall order a dissolution referendum:
21-13 (1) on the presentation of a petition meeting the
21-14 requirements of Sections 9.03 through 9.08 of this Act; or
21-15 (2) on the request of the municipality's governing
21-16 body under Subsection (b) of Section 9.01 of this Act.
21-17 Sec. 9.03. APPLICATION FOR PETITION; ISSUANCE. If
21-18 petitioned to do so by written application of 10 or more registered
21-19 voters of a district, the city clerk of the city in which the
21-20 district is located shall issue to the applicants a petition to be
21-21 circulated among registered voters for their signatures.
21-22 Sec. 9.04. CONTENTS OF APPLICATION. To be valid, an
21-23 application for a petition must contain:
21-24 (1) a heading in the following words: "Application
21-25 for a Petition for a Local Option Referendum to Dissolve the
21-26 Municipal Fire Protection and Crime Prevention District and to
21-27 Abolish the Municipal Fire Protection and Crime Prevention District
21-28 Sales and Use Tax";
21-29 (2) a statement of the issue to be voted on in the
21-30 following words: "Whether the ______ Municipal Fire Protection and
22-1 Crime Prevention District should be dissolved and the municipal
22-2 fire protection and crime prevention district sales and use tax
22-3 should be abolished";
22-4 (3) a statement immediately above the signatures of
22-5 the applicants, reading as follows: "It is the purpose and intent
22-6 of the applicants whose signatures appear below that the municipal
22-7 fire protection and crime prevention district be dissolved and the
22-8 municipal fire protection and crime prevention district sales and
22-9 use tax in ______ be abolished"; and
22-10 (4) the printed name, signature, residence address,
22-11 and voter registration certificate number of each applicant.
22-12 Sec. 9.05. CONTENTS OF PETITION. To be valid, a petition
22-13 must contain:
22-14 (1) a heading in the following words: "Petition for a
22-15 Local Option Referendum to Dissolve the ______ Municipal Fire
22-16 Protection and Crime Prevention District and to Abolish the
22-17 Municipal Fire Protection and Crime Prevention District Sales and
22-18 Use Tax";
22-19 (2) a statement of the issue to be voted on in the
22-20 same words used in the application;
22-21 (3) a statement immediately above the signatures of
22-22 the petitioners, reading as follows: "It is the purpose and intent
22-23 of the petitioners whose signatures appear below that the municipal
22-24 fire protection and crime prevention district be dissolved and the
22-25 municipal fire protection and crime prevention district sales and
22-26 use tax in ______ be abolished";
22-27 (4) lines and spaces for the names, signatures,
22-28 residence addresses, and voter registration certificate numbers of
22-29 the petitioners; and
22-30 (5) the date of issuance, the serial number, and the
23-1 seal of the city clerk on each page.
23-2 Sec. 9.06. COPIES. A city clerk shall keep an application
23-3 and a copy of the petition in the files of the city clerk's office.
23-4 The clerk shall issue to the applicants as many copies as they
23-5 request.
23-6 Sec. 9.07. FILING OF PETITIONS; NUMBER OF SIGNATURES. To
23-7 form the basis for the ordering of a referendum, the petition must
23-8 be filed with the city clerk not later than the 60th day after the
23-9 date of its issuance, and it must contain a number of signatures of
23-10 registered voters of the municipality equal to five percent of the
23-11 number of votes cast in the municipality for all candidates for
23-12 governor in the most recent gubernatorial general election.
23-13 Sec. 9.08. REVIEW BY CITY CLERK. (a) A city clerk shall,
23-14 on request of any person, check each name on a petition to
23-15 determine whether the signer is a registered voter of the district.
23-16 A person requesting verification by the city clerk shall pay the
23-17 city clerk a sum equal to 20 cents per name before commencement of
23-18 the verification.
23-19 (b) The city clerk may not count a signature if there is
23-20 reason to believe that:
23-21 (1) it is not the actual signature of the purported
23-22 signer;
23-23 (2) the voter registration certificate number is not
23-24 correct;
23-25 (3) it is a duplication either of a name or
23-26 handwriting used in any other signature on the petition;
23-27 (4) the residence address of the signer is not
23-28 correct; or
23-29 (5) the name of the voter is not signed exactly as it
23-30 appears on the official copy of the current list of registered
24-1 voters for the voting year in which the petition is used.
24-2 Sec. 9.09. CERTIFICATION. Not later than the 40th day after
24-3 the date a petition is filed, excluding Saturdays, Sundays, and
24-4 legal holidays, a city clerk shall certify to the board the number
24-5 of registered voters signing the petition.
24-6 Sec. 9.10. ORDER OF ELECTION. (a) A board shall record on
24-7 its minutes the date the petition is filed and the date it is
24-8 certified by the city clerk.
24-9 (b) If the petition contains the required number of
24-10 signatures and is in proper order, the board shall, at its next
24-11 regular session after the certification by the city clerk, order a
24-12 referendum to be held at the regular polling place in each
24-13 municipal election precinct in the city on the next uniform
24-14 election date authorized by Subsection (a), Section 41.001,
24-15 Election code, that occurs at least 20 days after the date of the
24-16 order. The board shall state in the order the proposition to be
24-17 voted on in the referendum. The order is prima facie evidence of
24-18 compliance with all provisions necessary to give it validity.
24-19 Sec. 9.11. APPLICATION OF ELECTION CODE. A dissolution
24-20 referendum shall be held and the returns shall be prepared and
24-21 canvassed in conformity with the Election Code.
24-22 Sec. 9.12. RESULTS OF REFERENDUM. (a) If a majority of the
24-23 votes cast in a referendum under this section are for the
24-24 dissolution of a district:
24-25 (1) the board shall certify that fact to the secretary
24-26 of state not later than the 10th day after the date of the canvass
24-27 of the returns; and
24-28 (2) the district is dissolved and ceases to operate
24-29 except as provided by Subsection (b) of this section.
24-30 (b) A district that is dissolved and that has outstanding
25-1 short-term or long-term liabilities may continue to operate on a
25-2 temporary basis as provided by Section 10.02 of this Act.
25-3 (c) If less than a majority of the votes cast in the
25-4 referendum under this section are for the dissolution of the
25-5 district, another dissolution referendum may not be held except as
25-6 authorized by Section 9.01 of this Act.
25-7 Sec. 9.13. CONTEST OF ELECTION. Not later than the 30th day
25-8 after the date the result of a dissolution referendum is declared,
25-9 any qualified voter of the district may contest the election by
25-10 filing a petition in a district court located in the district.
25-11 ARTICLE 10. DISSOLUTION
25-12 Sec. 10.01. SUNSET PROVISION. (a) A district is dissolved
25-13 five years after the date the district was created if the district
25-14 has not held a continuation or dissolution referendum.
25-15 (b) A district is dissolved five years after the date of the
25-16 most recent continuation or dissolution referendum.
25-17 Sec. 10.02. DISSOLUTION OF DISTRICT. (a) On the date that
25-18 the district is dissolved, the district shall, as prescribed by
25-19 Subsection (h) of this section, convey or transfer to the
25-20 municipality in which the district is located the following:
25-21 (1) title to land, buildings, real and tangible
25-22 improvements, and equipment owned by the district;
25-23 (2) operating funds and reserves for operating
25-24 expenses and funds that have been budgeted by the district for the
25-25 remainder of the fiscal year in which the district is dissolved to
25-26 support crime control activities and fire protection programs for
25-27 residents of the municipality;
25-28 (3) taxes levied by the district during the current
25-29 year for fire protection and prevention and crime control purposes;
25-30 (4) funds established for payment of indebtedness
26-1 assumed by the district; and
26-2 (5) any accumulated employee retirement funds.
26-3 (b) After the date the district is dissolved, the district
26-4 may not levy taxes for district purposes or for providing crime
26-5 control activities and fire protection and prevention programs for
26-6 the residents of the district.
26-7 (c) If on the date that the district is dissolved the
26-8 district has outstanding short-term or long-term liability, the
26-9 board shall, not later than the 30th day after the dissolution,
26-10 adopt a resolution certifying each outstanding short-term and
26-11 long-term liability. The municipality in which the district is
26-12 located shall assume the outstanding short-term and long-term
26-13 liabilities. The municipality shall collect the sales and use tax
26-14 authorized by Section 323.105, Tax Code, for the remainder of the
26-15 calendar year and may by resolution of the municipality's governing
26-16 body continue to collect the tax for an additional calendar year if
26-17 the revenue from the tax is needed to retire liabilities of the
26-18 district that were assumed by the municipality. The municipality's
26-19 governing body shall notify the comptroller of this continuation
26-20 not later than the 60th day before the date on which the tax would
26-21 otherwise expire. Any tax collected after the liabilities have
26-22 been retired shall be transferred or conveyed as prescribed by
26-23 Subsection (a) of this section.
26-24 (d) The district and the board may continue to operate for a
26-25 period not to exceed two months after carrying out the
26-26 responsibilities required by Subsections (a) and (c) of this
26-27 Section. The board and the district are continued in effect for
26-28 the purpose of satisfying these responsibilities.
26-29 (e) If the board and the district are continued in effect
26-30 under Subsection (d) of this section, the board and district are
27-1 dissolved entirely on the first day of the month following the
27-2 month in which the board issues an order certifying to the
27-3 secretary of state that no responsibilities of Subsections (a) and
27-4 (c) of this section are left unsatisfied.
27-5 (f) A district or board that continues to operate under
27-6 Subsection (d) of this section may not incur any new liabilities
27-7 without the approval of the governing body of the municipality in
27-8 which the district is located. Not later than the 60th day after
27-9 the date of the dissolution referendum, the municipality's
27-10 governing body shall review the outstanding liabilities of the
27-11 district and set a specific date by which the municipality must
27-12 retire the district's outstanding liabilities.
27-13 (g) On the date that the district is dissolved,
27-14 district-funded programs, including additional courts, shall
27-15 immediately terminate and district-funded personnel, except
27-16 personnel required to retire the responsibilities of the district,
27-17 are terminated.
27-18 ARTICLE 11. STATE LIABILITY
27-19 Sec. 11.01. The state is not obligated for the support,
27-20 maintenance, or dissolution of a fire protection and crime
27-21 prevention district created under this Act.
27-22 SECTION 2. This act takes effect June 3, 1997.
27-23 SECTION 3. The importance of this legislation and the
27-24 crowded condition of the calendars in both houses create an
27-25 emergency and an imperative public necessity that the
27-26 constitutional rule requiring bills to be read on three several
27-27 days in each house be suspended, and this rule is hereby suspended,
27-28 and that this Act take effect and be in force according to its
27-29 terms, and it is so enacted.