By: Harris S.B. No. 624
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain crime control and prevention districts.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter C, Chapter 363, Local Government Code,
1-4 is amended by adding Section 363.1015 to read as follows:
1-5 Sec. 363.1015. ALTERNATE FORMS OF APPOINTMENT: BOARD OF
1-6 DIRECTORS. (a) The governing body of a municipality or county by
1-7 resolution may appoint the governing body's membership as the board
1-8 of directors of the district.
1-9 (b) In a district for which the board is not appointed under
1-10 Subsection (a), the governing body of the municipality or county
1-11 may create a board by having each member of the governing body
1-12 appoint one director to the board, subject to confirmation by the
1-13 governing body.
1-14 (c) A director appointed under Subsection (b) serves:
1-15 (1) at the pleasure of the governing body of the
1-16 municipality or county; and
1-17 (2) for a term concurrent with the term of the
1-18 appointing member.
1-19 SECTION 2. Section 363.155, Local Government Code, is
1-20 amended by adding Subsection (d) to read as follows:
1-21 (d) Subsection (c) does not apply to a district that
1-22 contains only one municipality.
1-23 SECTION 3. Section 363.206, Local Government Code, is
1-24 amended by adding Subsections (d) and (e) to read as follows:
2-1 (d) Subsection (b) does not apply to an expenditure related
2-2 to, or an obligation issued or incurred in connection with, the
2-3 financing of the construction or equipping of police facilities.
2-4 Funds received by a municipality or other political subdivision of
2-5 the state from a district for the financing of construction or
2-6 equipping of police facilities may be used by the municipality or
2-7 other political subdivision to secure the payment of bonds or other
2-8 obligations issued by the municipality or other political
2-9 subdivision to finance the construction or equipping of facilities
2-10 described in Subsection (e), notwithstanding any law to the
2-11 contrary.
2-12 (e) For purposes of this chapter, "police facility" means a
2-13 police station or substation, police storefront, jail, or minimum
2-14 security facility.
2-15 SECTION 4. Subsection (d), Section 363.251, Local Government
2-16 Code, is amended to read as follows:
2-17 (d) The board may not hold a referendum under this
2-18 subchapter earlier than the fourth [fifth] anniversary of the date
2-19 the district was created or earlier than the third anniversary of
2-20 the date of the last continuation or dissolution referendum.
2-21 SECTION 5. Subchapter F, Chapter 363, Local Government Code,
2-22 is amended by adding Section 363.2515 to read as follows:
2-23 Sec. 363.2515. CONTINUATION OF DISTRICT: CERTAIN POLITICAL
2-24 SUBDIVISIONS. (a) The board or the commissioners court of the
2-25 county or governing body of the municipality that created the
2-26 district may specify the number of years for which a district
3-1 should be continued.
3-2 (b) A district may be continued under Subsection (a) only
3-3 for 5, 10, 15, or 20 years.
3-4 (c) For a continuation referendum under this section, the
3-5 ballot shall be printed to permit voting for or against the
3-6 proposition: "Whether the _________ Crime Control and Prevention
3-7 District should be continued for _______ years and the crime
3-8 control and prevention district sales tax should be continued for
3-9 __________ years."
3-10 SECTION 6. Subsection (a), Section 363.260, Local Government
3-11 Code, is amended to read as follows:
3-12 (a) If less than a majority of the votes cast in a
3-13 continuation referendum are for the continuation of a district or
3-14 if a majority of the votes cast in a dissolution referendum are for
3-15 dissolution of the district:
3-16 (1) the board shall certify that fact to the secretary
3-17 of state not later than the 10th day after the date of the canvass
3-18 of the returns; and
3-19 (2) the district is dissolved and ceases to operate on
3-20 the earlier of:
3-21 (A) the last day of the district's fiscal year;
3-22 or
3-23 (B) the 180th day after the date that the
3-24 continuation or dissolution referendum is held.
3-25 SECTION 7. (a) Subsection (c), Section 363.101, Local
3-26 Government Code, is repealed.
4-1 (b) Sections 3 and 4, Chapter 1248, Acts of the 75th
4-2 Legislature, Regular Session, 1997, are repealed.
4-3 (c) To the extent of any conflict, this Act prevails over
4-4 another Act of the 76th Legislature, Regular Session, 1999,
4-5 relating to nonsubstantive additions to and corrections in enacted
4-6 codes.
4-7 SECTION 8. This Act takes effect September 1, 1999.
4-8 SECTION 9. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended.