1-1 By: Harris S.B. No. 624
1-2 (In the Senate - Filed February 19, 1999; February 23, 1999,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; March 11, 1999, reported favorably, as amended, by the
1-5 following vote: Yeas 5, Nays 0; March 11, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Lindsay
1-7 Amend S.B. No. 624 as follows:
1-8 (1) Add a new SECTION 3 to read as follows:
1-9 "SECTION 3. Section 363.206, Local Government Code, is
1-10 amended by adding Subsections (d) and (e) to read as follows:
1-11 (d) Subsection (b) does not apply to an expenditure related
1-12 to, or an obligation issued or incurred in connection with, the
1-13 financing of the construction or equipping of police facilities.
1-14 Funds received by a municipality or other political subdivision of
1-15 the state from a district for the financing of construction or
1-16 equipping of police facilities may be used by the municipality or
1-17 other political subdivision to secure the payment of bonds or other
1-18 obligations issued by the municipality or other political
1-19 subdivision to finance the construction or equipping of facilities
1-20 described in Subsection (e), notwithstanding any law to the
1-21 contrary.
1-22 (e) For purposes of this chapter, "police facility" means a
1-23 police station or substation, police storefront, jail, or minimum
1-24 security facility."
1-25 (2) Renumber the subsequent SECTIONs accordingly.
1-26 COMMITTEE AMENDMENT NO. 2 By: Lindsay
1-27 Amend S.B. No. 624 by adding the following after SECTION 3 and
1-28 renumber the subsequent SECTIONS appropriately:
1-29 SECTION 4. Subsection (d), Section 363.251, Local Government
1-30 Code, is amended to read as follows:
1-31 (d) The board may not hold a referendum under this
1-32 subchapter earlier than the fourth [fifth] anniversary of the date
1-33 the district was created or earlier than the third anniversary of
1-34 the date of the last continuation or dissolution referendum.
1-35 A BILL TO BE ENTITLED
1-36 AN ACT
1-37 relating to certain crime control and prevention districts.
1-38 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-39 SECTION 1. Subchapter C, Chapter 363, Local Government Code,
1-40 is amended by adding Section 363.1015 to read as follows:
1-41 Sec. 363.1015. ALTERNATE FORMS OF APPOINTMENT: BOARD OF
1-42 DIRECTORS. (a) The governing body of a municipality or county by
1-43 resolution may appoint the governing body's membership as the board
1-44 of directors of the district.
1-45 (b) In a district for which the board is not appointed under
1-46 Subsection (a), the governing body of the municipality or county
1-47 may create a board by having each member of the governing body
1-48 appoint one director to the board, subject to confirmation by the
1-49 governing body.
1-50 (c) A director appointed under Subsection (b) serves:
1-51 (1) at the pleasure of the governing body of the
1-52 municipality or county; and
1-53 (2) for a term concurrent with the term of the
1-54 appointing member.
1-55 SECTION 2. Section 363.155, Local Government Code, is
1-56 amended by adding Subsection (d) to read as follows:
1-57 (d) Subsection (c) does not apply to a district that
1-58 contains only one municipality.
1-59 SECTION 3. Subchapter F, Chapter 363, Local Government Code,
1-60 is amended by adding Section 363.2515 to read as follows:
1-61 Sec. 363.2515. CONTINUATION OF DISTRICT: CERTAIN POLITICAL
2-1 SUBDIVISIONS. (a) The board or the commissioners court of the
2-2 county or governing body of the municipality that created the
2-3 district may specify the number of years for which a district
2-4 should be continued.
2-5 (b) A district may be continued under Subsection (a) only
2-6 for 5, 10, 15, or 20 years.
2-7 (c) For a continuation referendum under this section, the
2-8 ballot shall be printed to permit voting for or against the
2-9 proposition: "Whether the _________ Crime Control and Prevention
2-10 District should be continued for _______ years and the crime
2-11 control and prevention district sales tax should be continued for
2-12 __________ years."
2-13 SECTION 4. Subsection (a), Section 363.260, Local Government
2-14 Code, is amended to read as follows:
2-15 (a) If less than a majority of the votes cast in a
2-16 continuation referendum are for the continuation of a district or
2-17 if a majority of the votes cast in a dissolution referendum are for
2-18 dissolution of the district:
2-19 (1) the board shall certify that fact to the secretary
2-20 of state not later than the 10th day after the date of the canvass
2-21 of the returns; and
2-22 (2) the district is dissolved and ceases to operate on
2-23 the earlier of:
2-24 (A) the last day of the district's fiscal year;
2-25 or
2-26 (B) the 180th day after the date that the
2-27 continuation or dissolution referendum is held.
2-28 SECTION 5. (a) Subsection (c), Section 363.101, Local
2-29 Government Code, is repealed.
2-30 (b) Sections 3 and 4, Chapter 1248, Acts of the 75th
2-31 Legislature, Regular Session, 1997, are repealed.
2-32 (c) To the extent of any conflict, this Act prevails over
2-33 another Act of the 76th Legislature, Regular Session, 1999,
2-34 relating to nonsubstantive additions to and corrections in enacted
2-35 codes.
2-36 SECTION 6. This Act takes effect September 1, 1999.
2-37 SECTION 7. The importance of this legislation and the
2-38 crowded condition of the calendars in both houses create an
2-39 emergency and an imperative public necessity that the
2-40 constitutional rule requiring bills to be read on three several
2-41 days in each house be suspended, and this rule is hereby suspended.
2-42 * * * * *