By Keel                                         H.B. No. 3237

      75R8353 CLG-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation, administration, powers, duties,

 1-3     operation, and financing of library districts; authorizing a tax

 1-4     and providing a penalty.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subtitle B, Title 10, Local Government Code, is

 1-7     amended by adding Chapter 326 to read as follows:

 1-8                       CHAPTER 326.  LIBRARY DISTRICTS

 1-9                      SUBCHAPTER A.  GENERAL PROVISIONS

1-10           Sec. 326.001.  FINDINGS.  The legislature finds that:

1-11                 (1)  children and other residents of many rural and

1-12     suburban areas of the state do not have convenient access to a

1-13     public library; and

1-14                 (2)  the creation of library districts in underserved

1-15     areas would make valuable information resources more readily

1-16     available to public school students and other residents of the

1-17     state.

1-18           Sec. 326.002.  PURPOSE.  The purpose of a library district is

1-19     to establish, equip, and maintain one or more public libraries for

1-20     the dissemination of general information relating to the arts,

1-21     sciences, and literature.

1-22           Sec. 326.003.  DEFINITIONS.  In this chapter:

1-23                 (1)  "Board" means the board of trustees of a district.

1-24                 (2)  "District" means a library district created under

 2-1     this chapter.

 2-2                 (3)  "Municipal public library" means a library that

 2-3     is:

 2-4                       (A)  financed and operated by a municipality; and

 2-5                       (B)  open free of charge to all members of the

 2-6     public under identical conditions.

 2-7           Sec. 326.004.  DISTRICT AUTHORIZATION.  (a)  A library

 2-8     district may be created and if created, must be maintained,

 2-9     operated, and financed as provided by this chapter.

2-10           (b)  A district created under this chapter is a governmental

2-11     agency, body politic and corporate, and political subdivision of

2-12     the state.

2-13              (Sections 326.005-326.020 reserved for expansion

2-14                     SUBCHAPTER B.  CREATION OF DISTRICT

2-15           Sec. 326.021.  CONFIRMATION ELECTION.  A district may be

2-16     created and a sales and use tax may be authorized only if the

2-17     creation is confirmed and the tax is approved by a majority of the

2-18     qualified voters of the district voting at an election held for

2-19     that purpose.

2-20           Sec. 326.022.  TERRITORY INCLUDED IN A DISTRICT.  (a)  A

2-21     district  may include any contiguous territory that, on the date on

2-22     which an election is ordered on the question of creating the

2-23     district, is not in a municipality that operates a municipal public

2-24     library.

2-25           (b)  The district may include incorporated or unincorporated

2-26     territory.

2-27           (c)  A district may not include territory in more than one

 3-1     county.

 3-2           Sec. 326.023.  PETITION FOR CREATION OF DISTRICT.

 3-3     (a)  Before a district may be created, the commissioners court of

 3-4     the county in which the proposed district is located must receive a

 3-5     petition signed by at least 100 registered voters who reside in the

 3-6     territory of the proposed district.

 3-7           (b)  The petition must:

 3-8                 (1)  include a name for the proposed district that

 3-9     describes the location of the district followed by the words

3-10     "Library District";

3-11                 (2)  describe the boundaries of the proposed district

3-12     by:

3-13                       (A)  metes and bounds;

3-14                       (B)  lot and block number, if there is a recorded

3-15     map or plat and survey of the area; or

3-16                       (C)  other sufficient legal description;

3-17                 (3)  include the names of five persons who are willing

3-18     and qualified to serve as the initial board of trustees of the

3-19     district if elected at the election to create the district; and

3-20                 (4)  include the rate of the sales tax that would be

3-21     imposed by the board of the proposed district on approval of the

3-22     district.

3-23           Sec. 326.024.  PAYMENT OF ELECTION COSTS.  The commissioners

3-24     court may not order the creation of the district or a confirmation

3-25     election until the petitioners deposit with the county clerk an

3-26     amount of money equal to the cost of conducting the creation

3-27     election of the proposed district, as computed by the county.

 4-1           Sec. 326.025.  FILING OF PETITION; HEARING; ORDERING

 4-2     ELECTION.  (a)  At the next regular or special session of the

 4-3     commissioners court held after the petition is filed with the

 4-4     commissioners court, the commissioners court shall consider the

 4-5     petition.

 4-6           (b)  The commissioners court shall grant the petition and

 4-7     enter an order creating the district if the court finds that the

 4-8     petition is in proper form and conforms to the requirements of

 4-9     Section 326.023 and that the requirement of Section 326.024 is met.

4-10           (c)  If a petition is granted, the commissioners court shall

4-11     order an election to confirm the district's creation and to

4-12     authorize the imposition of a sales and use tax.

4-13           (d)  The election shall be held on the first authorized

4-14     uniform election date under Chapter 41, Election Code, that occurs

4-15     on or after the 45th day after the date the election is ordered.

4-16           Sec. 326.026.  ELECTION ORDER.  In addition to the elements

4-17     required to be included by the Election Code, the election order

4-18     must state:

4-19                 (1)  the ballot proposition stating the measure to be

4-20     voted on;

4-21                 (2)  the hours that the polls will be open; and

4-22                 (3)  the location of each polling place.

4-23           Sec. 326.027.  NOTICE.  (a)  The commissioners court shall

4-24     give notice of the election by publishing a substantial copy of the

4-25     election order once a week for two consecutive weeks in a newspaper

4-26     with general circulation in the county in which the proposed

4-27     district is located.

 5-1           (b)  The notice must be published not earlier than the 30th

 5-2     day or later than the 10th day before election day.

 5-3           (c)  In addition to the elements required to be included by

 5-4     the Election Code, the notice of the election must state the names

 5-5     of the five board of trustee candidates.

 5-6           Sec. 326.028.  BALLOT PROPOSITION.  (a)  The ballot for the

 5-7     election shall be printed to permit voting for or against the

 5-8     proposition:  "The creation of the __________ (name of district)

 5-9     and adoption of a local sales and use tax in the (name of district)

5-10     at the rate of _______ (rate) percent to provide revenue for the

5-11     district."

5-12           (b)  The ballot shall be printed to permit voting for or

5-13     against each of the five initial trustees listed in the petition

5-14     submitted to the commissioners court under Section 326.023.  A

5-15     blank space must be printed after the name of each candidate, in

5-16     each of which a voter may write in the name of another person for

5-17     trustee.

5-18           (c)  A voter may not vote for more than five persons for

5-19     trustee.

5-20           Sec. 326.029.  RESULTS OF ELECTION.  (a)  If a majority of

5-21     the votes received in the election favor the creation of the

5-22     district and the adoption of the sales and use tax, the

5-23     commissioners court shall declare that the district is created and

5-24     shall declare the amount of the local sales and use tax adopted,

5-25     and enter the result in its minutes.

5-26           (b)  If a majority of the votes received in the election are

5-27     against the creation of the district, the commissioners court shall

 6-1     declare the measure defeated and enter the result in its minutes.

 6-2           (c)  The order canvassing the results of the election must:

 6-3                 (1)  contain a description of the district's

 6-4     boundaries; and

 6-5                 (2)  be filed in the deed records of the county in

 6-6     which the district is located.

 6-7           Sec. 326.030.  INITIAL TRUSTEES.  (a)  The commissioners

 6-8     court shall declare the five persons receiving the highest number

 6-9     of votes for trustee to be elected as trustees.

6-10           (b)  The two trustees elected who received the fewest number

6-11     of votes shall serve until the next board of trustees election

6-12     following the confirmation election, and the three trustees who

6-13     received the highest number of votes shall serve until the second

6-14     succeeding trustee election after the confirmation election.

6-15              (Sections 326.031-326.040 reserved for expansion

6-16                   SUBCHAPTER C.  DISTRICT ADMINISTRATION

6-17           Sec. 326.041.  BOARD OF TRUSTEES.  A district shall be

6-18     governed by a board of five trustees.

6-19           Sec. 326.042.  REGISTERED VOTER REQUIREMENT.  A person may

6-20     not be elected to the board of trustees unless the person is a

6-21     registered voter of the county in which the district is located.

6-22           Sec. 326.043.  ELECTION OF TRUSTEES; TERM OF OFFICE.  (a)

6-23     Trustees shall serve two-year terms.

6-24           (b)  The general election for trustees shall be held annually

6-25     on an authorized uniform election date under Chapter 41, Election

6-26     Code.

6-27           (c)  Except for the initial members of the board of trustees,

 7-1     a candidate for the office of trustee must file an application for

 7-2     a place on the ballot   in accordance with Chapter 144, Election

 7-3     Code, and other applicable provisions of that code.

 7-4           Sec. 326.044.  BOARD VACANCY.  A vacancy in the office of a

 7-5     trustee shall be filled by appointment by the remaining trustees.

 7-6           Sec. 326.045.  OFFICERS.  After the trustees have assumed

 7-7     office, the trustees shall elect from among the trustees a

 7-8     president, a vice president, a secretary, and any other officers

 7-9     the board considers necessary.

7-10           Sec. 326.046.  QUORUM; OFFICERS' DUTIES.  (a)  Three trustees

7-11     constitute a quorum and a concurrence of three is sufficient in any

7-12     matter relating to the business of the district.

7-13           (b)  The president presides at all board meetings and is the

7-14     chief executive officer of the district.

7-15           (c)  The vice president acts as the president if the

7-16     president is incapacitated or absent from a meeting.

7-17           (d)  The secretary acts as the president if both the

7-18     president and vice president are incapacitated or absent from a

7-19     meeting.

7-20           (e)  The secretary is responsible for ensuring that all the

7-21     records and books of the district are properly kept.

7-22           (f)  The board may appoint the library director or an

7-23     employee as assistant or deputy secretary to assist the secretary.

7-24     The assistant or deputy secretary may certify the authenticity of

7-25     any record of the district.

7-26           Sec. 326.047.  BYLAWS.  The board may adopt bylaws to govern:

7-27                 (1)  the time, place, and manner of conducting board

 8-1     meetings;

 8-2                 (2)  the powers, duties, and responsibilities of the

 8-3     board's officers and employees;

 8-4                 (3)  the disbursement of money by a check, draft, or

 8-5     warrant;

 8-6                 (4)  the appointment and authority of board committees;

 8-7                 (5)  the keeping of accounts and other records; and

 8-8                 (6)  any other matter the board considers appropriate.

 8-9           Sec. 326.048.  MEETINGS AND NOTICE.  (a)  The board may

8-10     establish regular meetings to conduct district business and may

8-11     hold special meetings at other times as the business of the

8-12     district requires.

8-13           (b)  The board shall hold its meetings at a designated

8-14     meeting place.

8-15           Sec. 326.049.  MANAGEMENT OF DISTRICT.  (a)  The board has

8-16     control over and shall manage the affairs of the district.

8-17           (b)  The board shall employ any person, firm, partnership, or

8-18     corporation the board considers necessary for conducting the

8-19     affairs of the district.

8-20           (c)  The board of trustees shall determine the term of office

8-21     and compensation of any employee and consultant by contract or by

8-22     resolution of the board.

8-23           (d)  The board may remove any employee.

8-24           Sec. 326.050.  LIBRARY DIRECTOR.  The board may employ a

8-25     library director to administer the affairs of the district under

8-26     policies established by the board.  The board shall set the

8-27     compensation of the library director.

 9-1           Sec. 326.051.  BOND.  The board may require an officer or

 9-2     employee to execute a bond payable to the district and conditioned

 9-3     on the faithful performance of the person's duties.

 9-4           Sec. 326.052.  TRUSTEE INTERESTED IN CONTRACT.  (a)  A

 9-5     trustee who is financially interested in a contract with the

 9-6     district, or a trustee who is an employee of a person that is

 9-7     financially interested in a contract with the district, shall

 9-8     disclose that fact to the other trustees.  The disclosure shall be

 9-9     entered into the minutes of the meeting.

9-10           (b)  A trustee who is financially interested in a contract

9-11     may not vote on the acceptance of the contract or participate in

9-12     the discussion on the contract.

9-13           (c)  The failure of a trustee to disclose the trustee's

9-14     financial interest in a contract and to have the disclosure entered

9-15     in the minutes invalidates the contract.

9-16              (Sections 326.053-326.060 reserved for expansion

9-17                      SUBCHAPTER D.  POWERS AND DUTIES

9-18           Sec. 326.061.  GENERAL POWERS OF DISTRICT.  (a)  A district

9-19     has all of the powers, authority, rights, and duties that will

9-20     permit the accomplishment of the purposes for which the district

9-21     was created, including the power to purchase, construct, acquire,

9-22     own, operate, maintain, repair, or improve any works, materials,

9-23     supplies, improvements, facilities, equipment, vehicles, machinery,

9-24     or appliances as necessary for the district.

9-25           (b)  If a district acquires existing improvements,

9-26     facilities, plants, equipment, or appliances, the district may

9-27     assume the contracts and obligations of the previous owner.

 10-1          Sec. 326.062.  EMPLOYEE PLANS.  (a)  The board may provide

 10-2    for and administer a workers' compensation, health benefit,

 10-3    retirement, disability, or death compensation plan for the

 10-4    employees of the district.

 10-5          (b)  The board may adopt a plan to accomplish the purpose of

 10-6    this section.

 10-7          (c)  The board, after notice and a hearing, may change any

 10-8    plan or rule adopted under this section.

 10-9          Sec. 326.063.  SUITS.  (a)  A district may sue and be sued in

10-10    any court of this state in the name of the district.

10-11          (b)  All courts of this state shall take judicial notice of

10-12    the establishment of a district.

10-13          Sec. 326.064.  RULES.  (a)  The board may adopt reasonable

10-14    rules to accomplish the purposes of the district.

10-15          (b)  The board may set monetary charges in reasonable amounts

10-16    for the violation of a district rule.

10-17          (c)  The board may exclude from the use of the library a

10-18    person who wilfully violates a rule adopted by the board under this

10-19    section.

10-20          Sec. 326.065.  FEES.  (a)  A district may impose any

10-21    necessary charges or fees for providing a district service.

10-22          (b)  A district may discontinue a service to enforce payment

10-23    of an unpaid charge or fee that is owed to the district.

10-24          Sec. 326.066.  DEPOSITORY.  (a)  The board shall designate

10-25    one or more banks inside or outside of the district to serve as the

10-26    depository for district money.

10-27          (b)  Tax revenue of the district shall be deposited in a

 11-1    depository bank.

 11-2          Sec. 326.067.  INVESTMENTS.  (a)  Tax revenue of the district

 11-3    may be invested in an obligation that is an authorized investment

 11-4    for the state.

 11-5          (b)  District money other than tax revenue may be invested in

 11-6    accordance with policies adopted by the board.

 11-7          Sec. 326.068.  EXPENDITURES.  A district's money may be

 11-8    disbursed only by check, draft, order, or another instrument that

 11-9    must be signed by one or more officers or employees of the district

11-10    as designated by the board of trustees.

11-11          Sec. 326.069.  ACCOUNTS AND RECORDS; AUDITS.  (a)  The

11-12    district shall keep a complete system of accounts.

11-13          (b)  The district shall have an annual audit of the affairs

11-14    of the district performed by an independent certified public

11-15    accountant.

11-16          (c)  A signed copy of the audit report shall be delivered to

11-17    each trustee not later than the 120th day after the closing date of

11-18    each fiscal year.

11-19          (d)  A copy of the audit report shall be kept on file at the

11-20    district office and shall be made available for inspection by any

11-21    interested person during regular business hours.

11-22          Sec. 326.070.  FISCAL YEAR.  The fiscal year of the district

11-23    is from January 1 to December 31, unless the board adopts another

11-24    fiscal year.

11-25          Sec. 326.071.  REPAYMENT OF ORGANIZATIONAL EXPENSES.

11-26    (a)  The district may:

11-27                (1)  pay all costs and expenses necessarily incurred in

 12-1    the creation and organization of the district; and

 12-2                (2)  reimburse any entity or person for money advanced

 12-3    for the costs and expenses described by Subdivision (1) of this

 12-4    section.

 12-5          (b)  Payments under this section may be made from money

 12-6    obtained from taxes or other revenue of the district.

 12-7             (Sections 326.072-326.090 reserved for expansion

 12-8                      SUBCHAPTER E. SALES AND USE TAX

 12-9          Sec. 326.091.  SALES AND USE TAX.  (a) The sales and use tax,

12-10    if adopted, does not count toward the limitation imposed by Chapter

12-11    323, Tax Code, on any sales and use tax that has been levied by the

12-12    county.

12-13          (b)  If a district adopts the tax, there is imposed a tax on

12-14    the receipts from the sale at retail of taxable items in the

12-15    district at a rate of up to one-half of one percent.  There is also

12-16    imposed an excise tax on the use, storage, or other consumption in

12-17    the district of taxable items purchased, leased, or rented from a

12-18    retailer during the period that the tax is effective in the

12-19    district.  The rate of the excise tax is the same as the rate of

12-20    the sales tax portion of the tax applied to the sales price of the

12-21    taxable items and is included in the sales tax.

12-22          (c)  For purposes of this section, "taxable items" includes

12-23    all items subject to any sales and use tax that is imposed by the

12-24    county if the county has imposed a sales and use tax.

12-25          Sec. 326.092.  IMPOSITION, COMPUTATION, ADMINISTRATION, AND

12-26    GOVERNANCE OF TAX.  (a)  Chapter 323, Tax Code, to the extent not

12-27    inconsistent with this chapter, governs the imposition,

 13-1    computation, administration, and governance of the tax under this

 13-2    subchapter, except that Sections 323.101, 323.105, and 323.404

 13-3    through 323.408, Tax Code, do not apply.

 13-4          (b)  Chapter 323, Tax Code, does not apply to the use and

 13-5    allocation of revenue under this chapter.

 13-6          (c)  In applying the procedures under Chapter 323, Tax Code,

 13-7    the district's name shall be substituted for "the county" and

 13-8    "board of trustees" is substituted for "commissioners court."

 13-9          Sec. 326.093.  TAX RATES.  The permissible rates for a local

13-10    sales and use tax levied under this chapter  are one-eighth of one

13-11    percent, one-fourth of one percent, three-eighths of one percent,

13-12    and one-half of one percent.

13-13          Sec. 326.094.  ABOLITION OF OR CHANGE IN TAX RATE.  (a)  The

13-14    board by order may decrease or abolish the local sales and use tax

13-15    rate or may call an election to increase, decrease, or abolish the

13-16    local sales and use tax rate.

13-17          (b)  At the election, the ballots shall be printed to permit

13-18    voting for or against the proposition:  "The increase (decrease) in

13-19    the local sales and use tax rate of (name of district) to

13-20    (percentage) to be used for the purposes of the district" or "The

13-21    abolition of the district sales and use tax."  The increase or

13-22    decrease in the tax rate is effective if it is approved by a

13-23    majority of the votes cast.  In calling and holding the election,

13-24    the board shall use the procedure for the confirmation and tax

13-25    election set forth in this chapter.

13-26          Sec. 326.095.  USE OF TAX.  Taxes collected under this

13-27    subchapter may be used only for the purposes for which the district

 14-1    was created.

 14-2          Sec. 326.096.  LIMITATION ON ADOPTION OF TAX.  (a)  A

 14-3    district may adopt a tax under this subchapter only if as a result

 14-4    of adoption of the tax the combined rate of all local sales and use

 14-5    taxes imposed by political subdivisions having territory in the

 14-6    district will not exceed two percent.

 14-7          (b)  If, as a result of the imposition or increase in a sales

 14-8    and use tax by a municipality in which there is located a district

 14-9    with an existing sales and use tax or as a result of the annexation

14-10    by a municipality of the territory in a district with an existing

14-11    sales and use tax, the overlapping local sales and use taxes in the

14-12    area in the district will exceed two percent, the district's sales

14-13    and use tax rate is automatically reduced to a rate that when added

14-14    to the combined rate of local sales and use taxes will equal two

14-15    percent.

14-16          (c)  If a district's tax rate is reduced in accordance with

14-17    Subsection (b), the municipality shall make payments to the

14-18    district equal to the amounts that would have been collected by the

14-19    district had the municipality not imposed or increased its sales

14-20    and use tax or annexed the area in the district, less amounts that

14-21    the district collects following the municipality's levy of or

14-22    increase in its sales and use tax or annexation of the area in the

14-23    district.  The payment shall be made by the municipality to the

14-24    district within 10 days after the date of receipt of the money from

14-25    the comptroller's office and shall continue only for so long as any

14-26    bonds of the district are outstanding.

14-27          SECTION 2.  This Act takes effect September 1, 1997.

 15-1          SECTION 3.  The importance of this legislation and the

 15-2    crowded condition of the calendars in both houses create an

 15-3    emergency and an imperative public necessity that the

 15-4    constitutional rule requiring bills to be read on three several

 15-5    days in each house be suspended, and this rule is hereby suspended.