By: Moncrief S.B. No. 1401
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 to allow creation of a Fire Protection and Crime Prevention
1-2 District in municipalities partially or wholly located in counties
1-3 with a population between 1 million and 1.5 million.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 44, Revised Statutes, is amended by adding
1-6 Article 2370c-5 to read as follows:
1-7 Art. 2370c-5. Fire Protection and Crime Prevention Districts
1-8 in municipalities located in counties between one and 1.5 million
1-9 population.
1-10 ARTICLE I. GENERAL PROVISIONS
1-11 Sec. 1.01. SHORT TITLE. This Act may be cited as the Fire
1-12 Protection and Crime Prevention Act.
1-13 Sec. 1.02. APPLICABILITY. This Act applies only to
1-14 municipalities partially or wholly located in counties with a
1-15 population between 1 million and 1.5 million.
1-16 Sec. 1.03. RELATIONSHIP WITH ARTICLE 2370c-4, REVISED
1-17 STATUTES. A municipality to which this Act applies may create in
1-18 its jurisdiction a crime control district as authorized by Article
1-19 2370c-4 or a fire protection and crime prevention district as
1-20 provided in this Act, but not both.
2-1 ARTICLE 2. TEMPORARY DIRECTORS
2-2 Sec. 2.01. APPOINTMENT OF TEMPORARY DIRECTORS.
2-3 (a) The governing body of a municipality which proposes the
2-4 creation of a fire protection and crime prevention district shall
2-5 appoint seven persons that reside in the municipality to serve as
2-6 temporary directors of the proposed district. The temporary
2-7 directors must be appointed by the municipality's governing body no
2-8 later than the 60th day after the date the district is proposed.
2-9 (b) If the governing body of a municipality proposes the
2-10 creation of a fire protection and crime prevention district in a
2-11 municipality which previously has established a crime control and
2-12 prevention district under Article 2370c-4, Revised Statutes, the
2-13 board of directors appointed to administer the crime control and
2-14 prevention district shall act as temporary directors of the
2-15 proposed fire protection and crime prevention district, and shall
2-16 fulfill all obligations required of temporary directors by this
2-17 Act.
2-18 Sec. 2.02. BOARD ORGANIZATION; ELECTION OF TEMPORARY CHAIR.
2-19 Within 15 days after the date on which the temporary directors are
2-20 appointed by the municipality's governing body, the temporary board
2-21 shall organize and elect a chair from among its membership.
2-22 Sec. 2.03. DESIGNATED ALTERNATE. A temporary director who
2-23 is not the temporary chair may designate another person to serve in
2-24 the director's place.
2-25 Sec. 2.04. VACANCY IN OFFICE. A vacancy in the office of
3-1 temporary director shall be filled in the same manner that the
3-2 vacant position was originally filled.
3-3 ARTICLE 3. CREATION OF DISTRICTS
3-4 Sec. 3.01. CREATION ELECTION. A district proposed by the
3-5 municipality's governing body may be created and a tax may be
3-6 authorized only if the creation and the tax are approved by a
3-7 majority of the qualified voters of the municipality voting at an
3-8 election called and held for that purpose.
3-9 Sec. 3.02. ORDERING ELECTION. After a majority of the
3-10 temporary directors of a proposed district have approved a budget
3-11 plan and a fire protection and crime prevention plan in accordance
3-12 with Section 3.09 of this Act, a majority of the temporary
3-13 directors may order that a creation election be held.
3-14 Sec. 3.03. ELECTION ORDER.
3-15 (a) An order calling an election under Section 3.02 of this
3-16 Act must state:
3-17 (1) The nature of the election, including the
3-18 proposition that is to appear on the ballot;
3-19 (2) The date of the election;
3-20 (3) The hours during which the polls will be open;
3-21 (4) The location of the polling places;
3-22 (5) In summary form, the approved budget plan and fire
3-23 protection and crime prevention plan of the proposed district; and
3-24 (6) The proposed rate of the sales and use tax for the
3-25 district.
4-1 (b) The proposed rate for the district sales and use tax
4-2 imposed under Subchapter B, Chapter 323, Tax Code, may be only:
4-3 (1) One-fourth of one percent; or
4-4 (2) One-half of one percent.
4-5 (c) A sales and use tax approved under this Act may be
4-6 charged in addition to any other sales and use tax authorized by
4-7 law and is included in computing a combined sales and use tax rate
4-8 for purposes of any limitation provided by law on the maximum
4-9 combined sales and use tax rate of political subdivisions.
4-10 Sec. 3.04. NOTICE. The temporary directors of a proposed
4-11 district shall give notice of a creation election by publishing a
4-12 substantial copy of the election order in a newspaper with general
4-13 circulation in the proposed district once a week for two
4-14 consecutive weeks. The first publication must appear at least 35
4-15 days before the date set for the election.
4-16 Sec. 3.05. ELECTION DATE. (a) A creation election shall be
4-17 held not less than 35 days nor more than 60 days after the date on
4-18 which the election is ordered.
4-19 (b) Subsection (a), Section 41.001, Election Code, does not
4-20 apply to a creation election ordered under this Act.
4-21 Sec. 3.06. BALLOT PROPOSITION. The ballot for a creation
4-22 election shall be printed to permit voting for or against the
4-23 proposition: "The creation of the _________ Municipal Fire
4-24 Protection and Crime Prevention District dedicated to fire
4-25 protection and crime reduction programs and the adoption of a
5-1 proposed local sales and use tax at a rate of _______ (the rate
5-2 specified in the election order)."
5-3 Sec. 3.07. CANVASSING RETURNS.
5-4 (a) Not earlier than the second day or later than the 13th
5-5 day after the date of a creation election, the temporary board of a
5-6 proposed district shall meet and canvass the returns of the
5-7 election.
5-8 (b) If the temporary board finds that the election results
5-9 are favorable to the proposition to create the district, the
5-10 temporary board shall issue an order declaring the district
5-11 created.
5-12 (c) If the temporary board finds that the election results
5-13 are not favorable to the proposition to create the district, the
5-14 temporary board may order another election on the matter not
5-15 earlier than one year after the date of the preceding election.
5-16 Sec. 3.08. DISSOLUTION OF TEMPORARY BOARD. If a district
5-17 has not been created under this Act before the fifth anniversary of
5-18 the date a district is proposed by the municipality's governing
5-19 body, the temporary board is dissolved on that date and a district
5-20 may not be created under this Act.
5-21 Sec. 3.09. FIRE PROTECTION AND CRIME PREVENTION PLAN; BUDGET
5-22 PLAN.
5-23 (a) The temporary board of a proposed district shall
5-24 formulate and approve a two-year fire protection and crime
5-25 prevention plan, which must include:
6-1 (1) A detailed list of the crime control and crime
6-2 prevention strategies to be supported by the district;
6-3 (2) A detailed list of the fire protection strategies
6-4 to be supported by the district; and
6-5 (3) The method of annually evaluating the
6-6 effectiveness and efficiency of individual fire protection and
6-7 crime prevention strategies.
6-8 (b) The temporary board of a proposed district shall
6-9 formulate and approve a two-year budget plan, which must include:
6-10 (1) The amount of money budgeted by the district for
6-11 each fire protection and crime prevention strategy;
6-12 (2) The amount of money budgeted by the district and
6-13 the percentage of the total budget of the district for
6-14 administration, with individual amounts on how much of the
6-15 administration would be conducted by the district and how much
6-16 would be conducted by a private or public entities;
6-17 (3) The estimated amount of money available to the
6-18 district from all sources during the ensuing year;
6-19 (4) The amount of balances expected at the end of the
6-20 years for which the budget is prepared; and
6-21 (5) The estimated tax rate that will be required.
6-22 (c) The fire protection and crime prevention plan and budget
6-23 plan must be adopted in the same manner as provided for adoption of
6-24 a proposed annual budget under Section 6.05 of this Act.
6-25 (d) The temporary board shall coordinate its efforts with
7-1 local law enforcement officials, the local community supervision
7-2 and corrections department, the local juvenile probation
7-3 department, and the local fire department in developing its fire
7-4 protection and crime prevention plan and its budget plan.
7-5 Sec. 3.10. FINANCING CREATION OF DISTRICT. A municipality
7-6 creating a fire protection and crime prevention district under this
7-7 Act shall pay the entire cost of creating the district. If a
7-8 district is created, the district shall reimburse the municipality
7-9 for actual expenses incurred in the creation of the district.
7-10 Sec. 3.11. DONATIONS, GIFTS AND ENDOWMENTS. On behalf of a
7-11 district, the temporary board may accept donations, gifts and
7-12 endowments to be held in trust for any purpose and under any
7-13 direction, limitation, or provision prescribed in writing by the
7-14 donor that is consistent with this Act and the proper management of
7-15 the district.
7-16 Sec. 3.12. ALTERNATE CREATION ELECTION.
7-17 (a) If a crime control and prevention district organized
7-18 under Article 2370c-4, Revised Statutes, previously has been
7-19 created or proposed by the municipality, a creation election for a
7-20 fire protection and crime prevention district under this Act must
7-21 be held in conjunction with a creation election, continuation
7-22 referendum, or dissolution referendum under Article 2370c-4,
7-23 Revised Statutes.
7-24 (b) In the combined election, the ballot proposition will be
7-25 worded in such a way as to allow voters three options:
8-1 (1) to create or continue the crime control and
8-2 prevention district, whichever is appropriate;
8-3 (2) to create a fire protection and crime prevention
8-4 district; or
8-5 (3) to reject both alternatives (1) and (2).
8-6 (c) In a joint election held under this Section, the
8-7 temporary directors may propose that the district sales and use tax
8-8 be at the same rate regardless of which type district the voters
8-9 approve, or may specify a different rate dependent upon which type
8-10 of district the voters approve. If different rates for the
8-11 district sales and use tax are proposed, both the election order
8-12 and the ballot proposition shall clearly state the rate of sales
8-13 and use tax to be imposed if a crime control and prevention
8-14 district is created, and the different rate to be imposed if a fire
8-15 protection and crime prevention district is created.
8-16 ARTICLE 4. DISTRICT ADMINISTRATION
8-17 Sec. 4.01. BOARD OF DIRECTORS.
8-18 (a) A district is governed by a board of seven directors
8-19 appointed in the same manner as provided for the selection of
8-20 temporary directors under Section 2.01 of this Act.
8-21 (b) Board members serve staggered two-year terms that expire
8-22 September 1. The initial appointees under this section shall draw
8-23 lots to determine:
8-24 (1) the three directors to serve terms that expire on
8-25 September 1 of the first year following creation of the district;
9-1 and
9-2 (2) the four directors to serve terms that expire on
9-3 September 1 of the second year following creation of the district.
9-4 Sec. 4.02. DESIGNATED ALTERNATE. A director, other than the
9-5 president or vice-president, may designate a person to serve in the
9-6 director's absence.
9-7 Sec. 4.03. BOND.
9-8 (a) Before assuming the duties of the office, each director
9-9 or officer, including a person designated under Section 4.02 of
9-10 this Act, must execute a bond for $5,000 payable to the district,
9-11 conditioned on the faithful performance of the person's duties as
9-12 director or officer.
9-13 (b) The bond shall be kept in the permanent records of the
9-14 district.
9-15 (c) A board may pay for the bonds of the directors or
9-16 officers with district funds.
9-17 Sec. 4.04. BOARD VACANCY. A vacancy in the office of
9-18 director shall be filled for the unexpired terms in the same manner
9-19 that the vacant position was originally filed.
9-20 Sec. 4.05. OFFICERS. A board shall elect from among its
9-21 members a president and vice-president. The board shall also
9-22 appoint a secretary. The secretary need not be a director. The
9-23 person who performs the duties of city auditor shall serve as
9-24 treasurer for the district.
9-25 Sec. 4.06. OFFICERS' TERMS; VACANCY.
10-1 (a) Each officer of a board serves for a term of one year.
10-2 (b) A vacancy in a board office shall be filled for the
10-3 unexpired term by the board.
10-4 Sec. 4.07. COMPENSATION. Directors and officers serve
10-5 without compensation, but all directors and officers may be
10-6 reimbursed for actual expenses incurred in the performance of
10-7 official duties. Those expenses must be reported in the district's
10-8 minute book or other district records and must be approved by the
10-9 board.
10-10 Sec. 4.08. VOTING REQUIREMENT. A concurrence of a majority
10-11 of the members of a board is necessary in matters relating to the
10-12 business of a district. A two-thirds majority vote of the board is
10-13 required to reject any application for funding available under this
10-14 Act.
10-15 Sec. 4.09. ADMINISTRATION. A board may contract with a
10-16 public agency or private vendor to assist in the administration or
10-17 management of a district or to assist in the review of applications
10-18 for funding available under this Act.
10-19 ARTICLE 5. POWERS AND DUTIES
10-20 Sec. 5.01. LIMITATIONS ON EXPENDITURES. A district may
10-21 finance all the costs of a fire protection and crime prevention
10-22 program, including the costs for personnel, administration,
10-23 expansion, enhancement, and capital expenditures. A program may
10-24 include all programs and functions listed in Section 5.01(a) of
10-25 Article 2370c-4, and in addition, may include the following fire
11-1 protection and prevention related programs and equipment:
11-2 (1) Fire apparatus and equipment;
11-3 (2) Bomb disposal unit and equipment;
11-4 (3) Compensation of fire protection and prevention
11-5 personnel for specialized training, including but not limited to
11-6 arson, bomb disposal, hazardous materials, technical rescue, and
11-7 paramedic certification;
11-8 (4) Funding for fire fighter safety equipment,
11-9 including but not limited to turn out gear, self-contained
11-10 breathing apparatus, and protective uniforms;
11-11 (5) Fire safety education programs for the public;
11-12 (6) Additional compensation for municipal fire
11-13 personnel, including overtime compensation for unforeseen staffing
11-14 needs;
11-15 (7) Funding for the construction and maintenance of
11-16 additional fire stations, training facilities, and the equipment
11-17 needed for those facilities; and
11-18 (8) Fire communications units and equipment.
11-19 Sec. 5.02. DISTRICT RESPONSIBILITIES.
11-20 (a) The district shall coordinate its efforts with the local
11-21 community justice council in developing its fire protection and
11-22 crime prevention program.
11-23 (b) The district shall fund an annual evaluation program to
11-24 study the impact, efficiency, and effectiveness of new or expanded
11-25 fire protection and crime prevention programs.
12-1 (c) The board of directors of the district may seek the
12-2 assistance of the Office of State-Federal Relations in identifying
12-3 and applying for federal grants for fire protection and criminal
12-4 justice programs. The board of directors shall notify the
12-5 appropriate council of governments of any intent to submit
12-6 applications for federal funds and for inclusion in the regional
12-7 criminal justice planning process.
12-8 (d) The district may apply for and receive grants for
12-9 criminal and juvenile justice programs from the criminal justice
12-10 division in the Governor's office.
12-11 Sec. 5.03. MANAGEMENT, CONTROL AND ADMINISTRATION. The
12-12 board of directors shall manage, control and administer the
12-13 district funds, except as provided by Section 6.06 of this Act.
12-14 Sec. 5.04. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE. A board
12-15 is subject to the Open Meetings Law, Chapter 551, Government Code,
12-16 and the Administrative Procedure Act, Chapter 2001, Government
12-17 Code.
12-18 Sec. 5.05. LIABILITY. A member of a board is not liable for
12-19 civil damages or criminal prosecution for any act performed in good
12-20 faith in the execution of duties as a board member or for an action
12-21 taken by the board.
12-22 Sec. 5.06. DISTRICT RULES. A board may adopt rules
12-23 governing district funded programs and the duties, functions, and
12-24 responsibilities of district staff and employees.
12-25 Sec. 5.07. METHODS AND PROCEDURES.
13-1 (a) A board may prescribe the method of making purchases and
13-2 expenditures by and for the district; however, the board may enter
13-3 purchasing contracts that involve spending more than $15,000 only
13-4 after competitive bidding as provided by Subchapter C, Chapter 262,
13-5 Local Government Code, to the extent those provisions can be made
13-6 applicable to the board.
13-7 (b) The board may prescribe accounting and control
13-8 procedures for the district.
13-9 (c) If the municipality in which the district is located has
13-10 a purchasing agent authorized by law, that agent shall serve as
13-11 purchasing agent for the district.
13-12 Sec. 5.08. DISTRICT PROPERTY, FACILITIES AND EQUIPMENT. The
13-13 board may acquire or lease property, facilities, or equipment for
13-14 the sole purpose of administering the district.
13-15 Sec. 5.09. REIMBURSEMENT FOR SERVICES.
13-16 (a) A municipality located entirely outside the boundaries
13-17 of the district shall, on request, reimburse a district for the
13-18 district's cost of including in a district program a resident of
13-19 that municipality.
13-20 (b) The board may require reimbursement from the state or
13-21 county for the district's cost of including in a district program
13-22 or facility a person who is a resident of the state or county but
13-23 who is not a resident of the district.
13-24 (c) On behalf of the district, the board may contract with a
13-25 municipal or county government or with the state or federal
14-1 government for the municipality, county, state, or federal
14-2 government to reimburse the district for including a person in a
14-3 district program.
14-4 Sec. 5.10. SERVICE CONTRACTS. When acting on behalf of a
14-5 district, the board may contract with a municipality, county,
14-6 special district, or other political subdivision of the state, with
14-7 a state or federal agency, with individuals, and with the private
14-8 sector to furnish the staff, facilities, equipment, programs, and
14-9 services the board considers necessary for the effective operation
14-10 of the district.
14-11 Sec. 5.11. DONATIONS, GIFTS AND ENDOWMENTS. On behalf of a
14-12 district, the board may accept donations, gifts, and endowments to
14-13 be held in trust for any purpose and under any direction,
14-14 limitation, or provision prescribed in writing by the donor that is
14-15 consistent with this Act and the proper management of the district.
14-16 Sec. 5.12. AUTHORITY TO SUE AND BE SUED. A board may sue
14-17 and be sued in the name of a district.
14-18 ARTICLE 6. DISTRICT FINANCES
14-19 Sec. 6.01. FISCAL YEAR.
14-20 (a) A district is operated on the basis of a fiscal year
14-21 established by the board.
14-22 (b) A fiscal year may not be changed more than once in a
14-23 24-month period.
14-24 Sec. 6.02. ANNUAL AUDIT. Annually, a board shall have an
14-25 audit made of the financial condition of the district by an
15-1 independent auditor.
15-2 Sec. 6.03. DISTRICT AUDIT AND RECORDS. An annual audit and
15-3 other district records shall be open to inspection during regular
15-4 business hours at the principal office of the district.
15-5 Sec. 6.04. ANNUAL BUDGET.
15-6 (a) The board shall prepare a proposed annual budget which
15-7 considers all applications for program funding received by the
15-8 board.
15-9 (b) The proposed budget must contain a complete financial
15-10 statement, including a statement of:
15-11 (1) the outstanding obligations of the district;
15-12 (2) the amount of cash on hand to the credit of each
15-13 fund of the district;
15-14 (3) the amount of money received by the district from
15-15 all sources during the previous year;
15-16 (4) the estimated amount of money available to the
15-17 district from all sources during the current fiscal year;
15-18 (5) the amount of money needed to fund programs
15-19 approved for funding by the board;
15-20 (6) the amount of money requested for programs that
15-21 were not approved for funding by the board;
15-22 (7) the tax rate for the next fiscal year;
15-23 (8) the amount of the balances expected at the end of
15-24 the year in which the budget is being prepared; and
15-25 (9) the estimated amount of revenues and balances
16-1 available to cover the proposed budget.
16-2 Sec. 6.05. NOTICE; BOARD MEETING; ADOPTION OF BUDGET.
16-3 (a) Not later than the 100th day before the beginning of
16-4 each fiscal year, a board shall hold a public hearing on the
16-5 proposed annual budget.
16-6 (b) The board shall publish notice of the hearing in a
16-7 newspaper with general circulation in the district not later than
16-8 the 10th day before the date of the hearing.
16-9 (c) Any resident of the district is entitled to be present
16-10 and participate at the hearing.
16-11 (d) Not later than the 80th day before the beginning of each
16-12 fiscal year, the board shall adopt a budget. The board may make
16-13 any changes in the proposed budget that in its judgment the
16-14 interests of the taxpayers demand.
16-15 (e) The board shall submit the budget to the governing body
16-16 of the municipality in which the district is located not later than
16-17 the 10th day after the date the budget was adopted.
16-18 (f) The board by rule may develop and adopt procedures for
16-19 adopting a budget different from the procedures outlined in this
16-20 Act, but the board must hold public hearings relating to the
16-21 budget.
16-22 Sec. 6.06. NOTICE; MUNICIPAL HEARING; APPROVAL OR REJECTION
16-23 OF BUDGET.
16-24 (a) Not later that the 45th day before the beginning of
16-25 each fiscal year, the governing body of the municipality in which a
17-1 district is located shall hold a public hearing on the proposed
17-2 annual budget.
17-3 (b) The governing body of the municipality shall publish
17-4 notice of the hearing in a newspaper with general circulation in
17-5 the district not later than the 10th day before the date of the
17-6 hearing.
17-7 (c) Any resident of the district is entitled to be present
17-8 and to participate at the hearing.
17-9 (d) The governing body of the municipality shall approve or
17-10 reject the budget submitted by the board not later than the 30th
17-11 day before the beginning of the fiscal year. The governing body of
17-12 the municipality may not amend the budget.
17-13 (e) If the governing body of the municipality rejects the
17-14 budget submitted by the board, the municipality's governing body
17-15 and the board shall meet and together amend and approve the budget
17-16 before the beginning of the fiscal year.
17-17 (f) The budget may be amended after the beginning of the
17-18 fiscal year on approval by the board and the governing body of the
17-19 municipality.
17-20 Sec. 6.07. LIMITATION ON EXPENDITURES. Money may be spent
17-21 only for an expense included in an annual budget or an amendment to
17-22 it.
17-23 Sec. 6.08. SWORN STATEMENT. Not later than the 60th day
17-24 after the last day of each fiscal year, an administrator shall
17-25 prepare for the board a sworn statement of the amount of money that
18-1 belongs to the district and an account of the disbursements of that
18-2 money.
18-3 Sec. 6.09. SPENDING AND INVESTMENT LIMITATIONS.
18-4 (a) A district may not incur a debt payable from revenues
18-5 of the district other than the revenues on hand or to be on hand in
18-6 the current or immediately following fiscal year of the district.
18-7 (b) The board may not invest district funds in funds or
18-8 securities other than those specified by Article 836 or 837,
18-9 Revised Statutes, or by the Public Funds Investment Act of 1987
18-10 (Article 842-a, Vernon's Texas Civil Statutes).
18-11 Sec. 6.10. DEPOSIT OF FUNDS.
18-12 (a) A board shall deposit district funds in a special
18-13 account in the treasury of the municipality in which the district
18-14 is located.
18-15 (b) District funds, other than those invested as provided by
18-16 Section 6.09(b) of this Act, shall be deposited as received in the
18-17 municipal treasury and must remain on deposit.
18-18 (c) A board shall reimburse the municipality for any costs
18-19 the municipality incurs in performing the duties imposed under this
18-20 Section, other than personnel.
18-21 Sec. 6.11. APPLICATIONS FOR PROGRAM FUNDING.
18-22 (a) The chief administrative officer or the head of a
18-23 department of the municipality in which a district is created may,
18-24 with the consent of the municipality's governing body, apply to the
18-25 board for funding of a program as described by Section 5.01 of this
19-1 Act.
19-2 (b) Applications under this Section must be submitted not
19-3 later than the 140th day before the beginning of the fiscal year,
19-4 unless an exception has been adopted by rule.
19-5 (c) The board by rule may develop and adopt application
19-6 procedures.
19-7 ARTICLE 7. BONDS
19-8 Sec. 7.01. A board may not issue or sell general obligation
19-9 bonds, revenue bonds, or refunding bonds. The board and the
19-10 district may issue or sell bonds conditioned on the faithful
19-11 performance of a person's duties as director as provided by Section
19-12 4.03 of this Act.
19-13 ARTICLE 8. DISTRICT CONTINUATION
19-14 Sec. 8.01. CONTINUATION REFERENDUM.
19-15 (a) A board may hold a referendum on the question of whether
19-16 to continue the district.
19-17 (b) The board shall order a continuation referendum if a
19-18 petition that requests continuation of the district is presented in
19-19 accordance with this Act or if a majority of the governing body of
19-20 the municipality in which the district is located by resolution
19-21 requests continuation after notice and a public hearing on the
19-22 matter. However, the board may not hold a continuation referendum
19-23 earlier than five years after the date the district was created or
19-24 earlier than three years after the date of the last preceding
19-25 continuation or dissolution referendum.
20-1 (c) For a continuation referendum, the ballot shall be
20-2 printed to permit voting for or against the proposition: "Whether
20-3 the ________ Municipal Fire Protection and Crime Prevention
20-4 District should be continued and the fire protection and crime
20-5 prevention district sales and use tax should be continued."
20-6 Sec. 8.02. METHODS FOR INITIATING ELECTION. A board may
20-7 order a continuation referendum on its own motion by a majority
20-8 vote of its members. The board shall order a continuation
20-9 referendum:
20-10 (1) on the presentation of a petition meeting the
20-11 requirements of Sections 8.03 through 8.08 of this Act; or
20-12 (2) on the request of the governing body of the
20-13 municipality under Subsection (b) of Section 8.01 of this Act.
20-14 Sec. 8.03. APPLICATION FOR PETITION; ISSUANCE. If
20-15 petitioned to do so by written application of 10 or more registered
20-16 voters of a district, the city clerk of the municipality in which
20-17 the district is located shall issue to the applicants a petition to
20-18 be circulated among registered voters for their signatures.
20-19 Sec. 8.04. CONTENTS OF APPLICATION. To be valid, an
20-20 application for a petition must contain:
20-21 (1) a heading in the following words: "Application
20-22 for a Petition for a Local Option Referendum to Continue the Fire
20-23 Protection and Crime Prevention District and to Continue the Fire
20-24 Protection and Crime Prevention District Sales and Use Tax";
20-25 (2) a statement of the issue to be voted on in the
21-1 following words: "Whether the ________ Municipal Fire Protection
21-2 and Crime Prevention District should be continued and the fire
21-3 protection and crime prevention district sales and use tax should
21-4 be continued";
21-5 (3) a statement immediately above the signatures of
21-6 the applicants, reading as follows: "It is the purpose and intent
21-7 of the applicants whose signatures appear below that the fire
21-8 protection and crime prevention district be continued and the fire
21-9 protection and crime prevention district sales and use tax in ____
21-10 be continued"; and
21-11 (4) the printed name, signature, residence address,
21-12 and voter registration certificate number of each applicant.
21-13 Sec. 8.05. CONTENTS OF PETITION. To be valid, a petition
21-14 must contain:
21-15 (1) a heading in the following words: "Petition for a
21-16 Local Option Referendum to Continue the _____ Municipal Fire
21-17 Protection and Crime Prevention District and to Continue the Fire
21-18 Protection and Crime Prevention District Sales and Use Tax";
21-19 (2) a statement of the issue to be voted on in the
21-20 same words used in the application;
21-21 (3) a statement immediately above the signatures of
21-22 the petitioners, reading as follows: "It is the purpose and intent
21-23 of the petitioners whose signatures appear below that the fire
21-24 protection and crime prevention district be continued and the fire
21-25 protection and crime prevention district sales and use tax in
22-1 ______ be continued";
22-2 (4) lines and spaces for the names, signatures,
22-3 residence addresses, and voter registration certificate numbers of
22-4 the petitioners; and
22-5 (5) the date of issuance, the serial number, and the
22-6 seal of the city clerk on each page.
22-7 Sec. 8.06. COPIES. A city clerk shall keep an application
22-8 and a copy of the petition in the files of the city clerk's office.
22-9 The clerk shall issue to the applicants as many copies as they
22-10 request.
22-11 Sec. 8.07. FILING OF PETITION; NUMBER OF SIGNATURES. To
22-12 form the basis for the ordering of a referendum, the petition must
22-13 be filed with the city clerk not later than the 60th day after the
22-14 date of its issuance, and it must contain a number of signatures of
22-15 registered voters of the municipality equal to five percent of the
22-16 number of votes cast in the municipality for all candidates for
22-17 governor in the most recent gubernatorial general election.
22-18 Sec. 8.08. REVIEW BY CITY CLERK.
22-19 (a) A city clerk shall, on request of any person, check each
22-20 name on a petition to determine whether the signer is a registered
22-21 voter of the district. A person requesting verification by the
22-22 city clerk shall pay the city clerk a sum equal to 20 cents per
22-23 name before commencement of the verification.
22-24 (b) The city clerk may not count a signature if there is
22-25 reason to believe that:
23-1 (1) it is not the actual signature of the purported
23-2 signer;
23-3 (2) the voter registration certificate number is not
23-4 correct;
23-5 (3) it is a duplication either of a name or of
23-6 handwriting used in any other signature on the petition;
23-7 (4) the residence address of the signer is not
23-8 correct; or
23-9 (5) the name of the voter is not signed exactly as it
23-10 appears on the official copy of the current list of registered
23-11 voters for the voting year in which the petition is issued.
23-12 Sec. 8.09. CERTIFICATION. Not later than the 40th day after
23-13 the date a petition is filed, excluding Saturdays, Sundays, and
23-14 legal holidays, a city clerk shall certify to the board the number
23-15 of registered voters signing the petition.
23-16 Sec. 8.10. ORDER OF ELECTION.
23-17 (a) A board shall record on its minutes the date the
23-18 petition if filed and the date it is certified by the city clerk.
23-19 (b) If the petition contains the required number of
23-20 signatures and is in proper order, the board shall, at its next
23-21 regular session after the certification by the city clerk, order a
23-22 referendum to be held at the regular polling place in each
23-23 municipal election precinct in the city on the next uniform
23-24 election date authorized by Subsection (a), Section 41.001,
23-25 Election Code, that occurs at least 20 days after the date of the
24-1 order. The board shall state in the order the proposition to be
24-2 voted on in the referendum. The order is prima facie evidence of
24-3 compliance with all provisions necessary to give it validity.
24-4 Sec. 8.11. APPLICATION OF ELECTION CODE. A continuation
24-5 referendum shall be held and the returns shall be prepared and
24-6 canvassed in conformity with the Election Code.
24-7 Sec. 8.12. RESULTS OF REFERENDUM.
24-8 (a) If a majority of the votes cast in a referendum under
24-9 this section are not for the continuation of a district:
24-10 (1) the board shall certify that fact to the secretary
24-11 of state not later than the 10th day after the date of the canvass
24-12 of the returns; and
24-13 (2) the district is dissolved and ceases to operate
24-14 except as provided by Subsection (b) of this section.
24-15 (b) A district that is dissolved and that owns property or
24-16 has outstanding short-term or long-term liabilities may continue to
24-17 operate on a temporary basis as provided by Section 10.02 of this
24-18 Act.
24-19 (c) If a majority of the votes cast in the referendum under
24-20 this section are for the continuation of the district, another
24-21 continuation referendum may not be held except as authorized by
24-22 Section 8.01 of this Act.
24-23 Sec. 8.13. CONTEST OF ELECTION. Not later than the 30th day
24-24 after the date of the result of a continuation referendum is
24-25 declared, any qualified voter of the district may contest the
25-1 election by filing a petition in a district court located in the
25-2 district.
25-3 ARTICLE 9. DISTRICT DISSOLUTION
25-4 Sec. 9.01. DISSOLUTION REFERENDUM.
25-5 (a) A board may hold a referendum on the question of whether
25-6 to dissolve the district.
25-7 (b) The board shall order a dissolution referendum if a
25-8 petition that requests dissolution of the district is presented in
25-9 accordance with this article or if a majority of the governing body
25-10 of the municipality in which the district is located by resolution
25-11 requests dissolution after notice and a public hearing on the
25-12 matter. However, the board may not hold a dissolution referendum
25-13 earlier than five years after the date the district was created or
25-14 earlier than three years after the date of the last preceding
25-15 continuation or dissolution referendum.
25-16 (c) For a dissolution referendum, the ballot shall be
25-17 printed to permit voting for or against the proposition: "Whether
25-18 the ______ Municipal Fire Protection and Crime Prevention District
25-19 should be dissolved and the fire protection and crime prevention
25-20 district sales and use tax should be abolished."
25-21 Sec. 9.02. METHODS FOR INITIATING ELECTION. A board may
25-22 order a dissolution referendum on its own motion by a majority vote
25-23 of its members. The board shall order a dissolution referendum:
25-24 (1) on the presentation of a petition meeting the
25-25 requirements of Sections 9.03 through 9.08 of this Act; or
26-1 (2) on the request of the municipality's governing
26-2 body under Subsection (b) of Section 9.01 of this Act.
26-3 Sec. 9.03. APPLICATION FOR PETITION; ISSUANCE. If
26-4 petitioned to do so by written application of 10 or more registered
26-5 voters of a district, the city clerk of the city in which the
26-6 district is located shall issue to the applicants a petition to be
26-7 circulated among registered voters for their signatures.
26-8 Sec. 9.04. CONTENTS OF APPLICATION. To be valid, an
26-9 application for a petition must contain:
26-10 (1) a heading in the following words: "Application
26-11 for a Petition for a Local Option Referendum to Dissolve the
26-12 Municipal Fire Protection and Crime Prevention District and to
26-13 Abolish the Municipal Fire Protection and Crime Prevention District
26-14 Sales and Use Tax";
26-15 (2) a statement of the issue to be voted on in the
26-16 following words: "Whether the ______ Municipal Fire Protection and
26-17 Crime Prevention District should be dissolved and the municipal
26-18 fire protection and crime prevention district sales and use tax
26-19 should be abolished";
26-20 (3) a statement immediately above the signatures of
26-21 the applicants, reading as follows: "It is the purpose and intent
26-22 of the applicants whose signatures appear below that the municipal
26-23 fire protection and crime prevention district be dissolved and the
26-24 municipal fire protection and crime prevention district sales and
26-25 use tax in ______ be abolished"; and
27-1 (4) the printed name, signature, residence address,
27-2 and voter registration certificate number of each applicant.
27-3 Sec. 9.05. CONTENTS OF PETITION. To be valid, a petition
27-4 must contain:
27-5 (1) a heading in the following words: "Petition for a
27-6 Local Option Referendum to Dissolve the ______ Municipal Fire
27-7 Protection and Crime Prevention District and to Abolish the
27-8 Municipal Fire Protection and Crime Prevention District Sales and
27-9 Use Tax";
27-10 (2) a statement of the issue to be voted on in the
27-11 same words used in the application;
27-12 (3) a statement immediately above the signatures of
27-13 the petitioners, reading as follows: "It is the purpose and intent
27-14 of the petitioners whose signatures appear below that the municipal
27-15 fire protection and crime prevention district be dissolved and the
27-16 municipal fire protection and crime prevention district sales and
27-17 use tax in ______ be abolished";
27-18 (4) lines and spaces for the names, signatures,
27-19 residence addresses, and voter registration certificate numbers of
27-20 the petitioners; and
27-21 (5) the date of issuance, the serial number, and the
27-22 seal of the city clerk on each page.
27-23 Sec. 9.06. COPIES. A city clerk shall keep an application
27-24 and a copy of the petition in the files of the city clerk's office.
27-25 The clerk shall issue to the applicants as many copies as they
28-1 request.
28-2 Sec. 9.07. FILING OF PETITIONS; NUMBER OF SIGNATURES. To
28-3 form the basis for the ordering of a referendum, the petition must
28-4 be filed with the city clerk not later than the 60th day after the
28-5 date of its issuance, and it must contain a number of signatures of
28-6 registered voters of the municipality equal to five percent of the
28-7 number of votes cast in the municipality for all candidates for
28-8 governor in the most recent gubernatorial general election.
28-9 Sec. 9.08. REVIEW BY CITY CLERK.
28-10 (a) A city clerk shall, on request of any person, check each
28-11 name on a petition to determine whether the signer is a registered
28-12 voter of the district. A person requesting verification by the
28-13 city clerk shall pay the city clerk a sum equal to 20 cents per
28-14 name before commencement of the verification.
28-15 (b) The city clerk may not count a signature if there is
28-16 reason to believe that:
28-17 (1) it is not the actual signature of the purported
28-18 signer;
28-19 (2) the voter registration certificate number is not
28-20 correct;
28-21 (3) it is a duplication either of a name or
28-22 handwriting used in any other signature on the petition;
28-23 (4) the residence address of the signer is not
28-24 correct; or
28-25 (5) the name of the voter is not signed exactly as it
29-1 appears on the official copy of the current list of registered
29-2 voters for the voting year in which the petition is used.
29-3 Sec. 9.09. CERTIFICATION. Not later than the 40th day after
29-4 the date a petition is filed, excluding Saturdays, Sundays, and
29-5 legal holidays, a city clerk shall certify to the board the number
29-6 of registered voters signing the petition.
29-7 Sec. 9.10. ORDER OF ELECTION.
29-8 (a) A board shall record on its minutes the date the
29-9 petition is filed and the date it is certified by the city clerk.
29-10 (b) If the petition contains the required number of
29-11 signatures and is in proper order, the board shall, at its next
29-12 regular session after the certification by the city clerk, order a
29-13 referendum to be held at the regular polling place in each
29-14 municipal election precinct in the city on the next uniform
29-15 election date authorized by Subsection (a), Section 41.001,
29-16 Election Code, that occurs at least 20 days after the date of the
29-17 order. The board shall state in the order the proposition to be
29-18 voted on in the referendum. The order is prima facie evidence of
29-19 compliance with all provisions necessary to give it validity.
29-20 Sec. 9.11. APPLICATION OF ELECTION CODE. A dissolution
29-21 referendum shall be held and the returns shall be prepared and
29-22 canvassed in conformity with the Election Code.
29-23 Sec. 9.12. RESULTS OF REFERENDUM.
29-24 (a) If a majority of the votes cast in a referendum under
29-25 this section are for the dissolution of a district:
30-1 (1) the board shall certify that fact to the secretary
30-2 of state not later than the 10th day after the date of the canvass
30-3 of the returns; and
30-4 (2) the district is dissolved and ceases to operate
30-5 except as provided by Subsection (b) of this section.
30-6 (b) A district that is dissolved and that has outstanding
30-7 short-term or long-term liabilities may continue to operate on a
30-8 temporary basis as provided by Section 10.02 of this Act.
30-9 (c) If less than a majority of the votes cast in the
30-10 referendum under this section are for the dissolution of the
30-11 district, another dissolution referendum may not be held except as
30-12 authorized by Section 9.01 of this Act.
30-13 Sec. 9.13. CONTEST OF ELECTION. Not later than the 30th day
30-14 after the date the result of a dissolution referendum is declared,
30-15 any qualified voter of the district may contest the election by
30-16 filing a petition in a district court located in the district.
30-17 ARTICLE 10. DISSOLUTION
30-18 Sec. 10.01. SUNSET PROVISION.
30-19 (a) A district is dissolved five years after the date the
30-20 district was created if the district has not held a continuation or
30-21 dissolution referendum.
30-22 (b) A district is dissolved five years after the date of the
30-23 most recent continuation or dissolution referendum.
30-24 Sec. 10.02. DISSOLUTION OF DISTRICT.
30-25 (a) On the date that the district is dissolved, the district
31-1 shall, as prescribed by Subsection (h) of this section, convey or
31-2 transfer to the municipality in which the district is located the
31-3 following:
31-4 (1) title to land, buildings, real and tangible
31-5 improvements, and equipment owned by the district;
31-6 (2) operating funds and reserves for operating
31-7 expenses and funds that have been budgeted by the district for the
31-8 remainder of the fiscal year in which the district is dissolved to
31-9 support crime control activities and fire protection programs for
31-10 residents of the municipality;
31-11 (3) taxes levied by the district during the current
31-12 year for fire protection and prevention and crime control purposes;
31-13 (4) funds established for payment of indebtedness
31-14 assumed by the district; and
31-15 (5) any accumulated employee retirement funds.
31-16 (b) After the date the district is dissolved, the district
31-17 may not levy taxes for district purposes or for providing crime
31-18 control activities and fire protection and prevention programs for
31-19 the residents of the district.
31-20 (c) If on the date that the district is dissolved the
31-21 district has outstanding short-term or long-term liabilities, the
31-22 board shall, not later than the 30th day after the dissolution,
31-23 adopt a resolution certifying each outstanding short-term and
31-24 long-term liability. The municipality in which the district is
31-25 located shall assume the outstanding short-term and long-term
32-1 liabilities. The municipality shall collect the sales and use tax
32-2 authorized by Section 323.105, Tax Code, for the remainder of the
32-3 calendar year and may by resolution of the municipality's governing
32-4 body continue to collect the tax for an additional calendar year if
32-5 the revenue from the tax is needed to retire liabilities of the
32-6 district that were assumed by the municipality. The municipality's
32-7 governing body shall notify the comptroller of this continuation
32-8 not later than the 60th day before the date on which the tax would
32-9 otherwise expire. Any tax collected after the liabilities have
32-10 been retired shall be transferred or conveyed as prescribed by
32-11 Subsection (a) of this section.
32-12 (d) The district and the board may continue to operate for a
32-13 period not to exceed two months after carrying out the
32-14 responsibilities required by Subsections (a) and (c) of this
32-15 Section. The board and the district are continued in effect for
32-16 the purpose of satisfying these responsibilities.
32-17 (e) If the board and the district are continued in effect
32-18 under Subsection (d) of this section, the board and district are
32-19 dissolved entirely on the first day of the month following the
32-20 month in which the board issues an order certifying to the
32-21 secretary of state that no responsibilities of Subsections (a) and
32-22 (c) of this section are left unsatisfied.
32-23 (f) A district or board that continues to operate under
32-24 Subsection (d) of this section may not incur any new liabilities
32-25 without the approval of the governing body of the municipality in
33-1 which the district is located. Not later than the 60th day after
33-2 the date of the dissolution referendum, the municipality's
33-3 governing body shall review the outstanding liabilities of the
33-4 district and set a specific date by which the municipality must
33-5 retire the district's outstanding liabilities.
33-6 (g) On the date that the district is dissolved,
33-7 district-funded programs, including additional courts, shall
33-8 immediately terminate and district-funded personnel, except
33-9 personnel required to retire the responsibilities of the district,
33-10 are terminated.
33-11 ARTICLE 11. STATE LIABILITY
33-12 Sec. 11.01. The state is not obligated for the support,
33-13 maintenance, or dissolution of a fire protection and crime
33-14 prevention district created under this Act.
33-15 SECTION 2. This act takes effect June 3, 1997.
33-16 SECTION 3. The importance of this legislation and the
33-17 crowded condition of the calendars in both houses create an
33-18 emergency and an imperative public necessity that the
33-19 constitutional rule requiring bills to be read on three several
33-20 days in each house be suspended, and this rule is hereby suspended,
33-21 and that this Act take effect and be in force according to its
33-22 terms, and it is so enacted.