This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
79R7365 MXM-F
By: Madla S.B. No. 1205
A BILL TO BE ENTITLED
AN ACT
relating to allowing the creation of multi-jurisdictional library
districts; imposing a tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. FINDINGS. The legislature finds that:
(1) children and other residents of many rural and
suburban areas of this state do not have convenient access to a
public library; and
(2) the creation of library districts in underserved
areas would make valuable information resources more readily
available to public school students and other residents of this
state.
SECTION 2. MULTI-JURISDICTIONAL LIBRARY DISTRICTS.
Subtitle C, Title 10, Local Government Code, is amended by adding
Chapter 336 to read as follows:
CHAPTER 336. MULTI-JURISDICTIONAL LIBRARY DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 336.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of trustees.
(2) "District" means a multi-jurisdictional library
district created under this chapter.
(3) "Lead governmental entity" means the county or
municipality that proposes to create a district under this chapter.
Sec. 336.002. NATURE OF DISTRICT. A district created under
this chapter is a political subdivision of this state.
Sec. 336.003. MULTI-JURISDICTIONAL PUBLIC LIBRARY. (a) A
district created under this chapter shall establish, equip, and
maintain one or more public libraries for the dissemination of
general information relating to the arts, sciences, and literature.
(b) A library created under this chapter must be open free
of charge to all members of the public under identical conditions.
[Sections 336.004-336.020 reserved for expansion]
SUBCHAPTER B. CREATION OF DISTRICT
Sec. 336.021. ROLE OF LEAD GOVERNMENTAL ENTITY. (a) A
district may be created by a county or municipality that, by
resolution, assumes the role of a lead governmental entity under
this chapter and proposes the creation of a district in a specific
described territory.
(b) The governing body of a county or municipality may adopt
a resolution under Subsection (a) on its own motion or after a
hearing held on a petition requesting the creation of a district.
Sec. 336.022. TERRITORY INCLUDED IN A DISTRICT. (a) The
lead governmental entity shall describe the district territory,
which must include only contiguous territory in a single county.
(b) The district may include incorporated or unincorporated
territory.
(c) If the boundaries of the proposed district include any
territory that, on the date on which an election is ordered on the
question of creating the district, is part of a municipality that
operates a municipal public library, then the governing body of
that municipality must consent by resolution to allow the inclusion
of that municipal territory in the proposed district.
Sec. 336.023. CONFIRMATION ELECTION. A district proposed
under this chapter may be created only if confirmed at an election
held for the purpose of confirming the creation of the district and
approving an ad valorem tax on property in the district.
Sec. 336.024. PAYMENT OF CONFIRMATION ELECTION COSTS. The
lead governmental entity may not order the confirmation election
until the entity deposits with the county clerk an amount of money
equal to the cost of conducting the confirmation election, as
computed by the county clerk.
Sec. 336.025. ORDERING CONFIRMATION ELECTION. (a) At a
regular or special meeting of the governing body of the lead
governmental entity held to discuss the creation of a district, the
governing body may order a confirmation election to confirm the
district's creation and to confirm the imposition of an ad valorem
tax on property located in the proposed district.
(b) The election ordered shall be held on the first
authorized uniform election date under Chapter 41, Election Code,
that occurs on or after the 45th day after the date the election is
ordered.
(c) In addition to the elements required to be included by
the Election Code, the election order must state:
(1) the ballot proposition stating the measure to be
voted on;
(2) the hours that the polls will be open; and
(3) the location of each polling place.
Sec. 336.026. NOTICE OF CONFIRMATION ELECTION. (a) The
lead governmental entity shall give notice of the election by
publishing a substantial copy of the election order once a week for
two consecutive weeks in a newspaper with general circulation in
the county in which the proposed district is located.
(b) The notice must be published not earlier than the 30th
day and not later than the 10th day before election day.
Sec. 336.027. BALLOT PROPOSITION. The ballot for the
election shall be printed to permit voting for or against the
proposition: "The creation of a multi-jurisdictional library
district to be known as the __________ (name of district) and
adoption of an ad valorem tax in the __________ (name of district)
at the rate of _______ (rate of tax) cents per $100 valuation of
property to provide revenue for the district."
Sec. 336.028. RESULTS OF CONFIRMATION ELECTION. (a) If a
majority of the voters voting in the election favor the creation of
the district and the adoption of the ad valorem tax, the lead
governmental entity shall by resolution or order declare that the
district is created and shall declare the amount of the ad valorem
tax adopted and enter the result in its minutes.
(b) If a majority of the voters voting in the election are
against the creation of the district, the lead governmental entity
shall declare the measure defeated and enter the result in its
minutes.
(c) An order under Subsection (a) must:
(1) contain a description of the district's boundaries
and a map of the district;
(2) state the election date; and
(3) state the total number of votes cast for and
against the ballot proposition.
(d) The lead governmental entity must file in the deed
records of the county in which the district is located an order
issued under Subsection (a).
Sec. 336.029. INITIAL BOARD. Appointments to the initial
board are made as provided by Subchapter C except that the initial
trustees shall agree to stagger their terms, with four members'
terms expiring in two years and three members' terms expiring in one
year. If the trustees cannot agree on the initial staggering, the
trustees shall draw lots to determine the staggering.
Sec. 336.030. REPAYMENT OF ORGANIZATIONAL EXPENSES. (a)
The district may:
(1) pay all costs and expenses necessarily incurred in
the creation and organization of the district; and
(2) reimburse any person for money advanced for the
costs and expenses described by Subdivision (1).
(b) Payments under this section may be made from money
obtained from taxes or other district revenue.
[Sections 336.031-336.050 reserved for expansion]
SUBCHAPTER C. BOARD OF TRUSTEES
Sec. 336.051. GOVERNING BODY. A district is governed by a
seven-member board. The board has control over and shall manage the
affairs of the district.
Sec. 336.052. APPOINTMENT. (a) The lead governmental
entity shall appoint four trustees to the board.
(b) A county in which the district is located shall appoint
three trustees to the board, unless the county is the lead
governmental entity. If the county is the lead governmental
entity, the largest municipality in the county shall appoint two
trustees.
Sec. 336.053. ELIGIBILITY FOR APPOINTMENT. A person is
eligible for appointment to the board if the person resides in the
district and is registered to vote in the county in which the
district is located.
Sec. 336.054. TERMS. Trustees serve staggered two–year
terms.
Sec. 336.055. VACANCY. A vacancy on the board shall be
filled by appointment by the governmental entity that appointed the
vacating member.
Sec. 336.056. OFFICERS. (a) The lead governmental entity
shall appoint a trustee to serve as the board's presiding officer.
The presiding officer presides at all board meetings and is the
chief executive officer of the district.
(b) The board shall elect from among its members a vice
presiding officer, secretary, and any other officers the board
considers necessary.
(c) The vice presiding officer acts as the presiding officer
if the presiding officer is incapacitated or absent from a meeting.
(d) The secretary acts as the presiding officer if both the
presiding officer and vice presiding officer are incapacitated or
absent from a meeting.
Sec. 336.057. MEETINGS AND NOTICE. (a) The board may
establish regular meetings to conduct district business and may
hold special meetings at other times as the business of the district
requires.
(b) The board shall hold its meetings at a designated
meeting place.
Sec. 336.058. CONFLICT OF INTEREST IN CONTRACT. (a) A
trustee who is financially interested in a contract may not vote on
the acceptance of the contract or participate in the discussion on
the contract.
(b) A trustee who is financially interested in a contract
with the district, or a trustee who is an employee of a person that
is financially interested in a contract with the district, shall
disclose that fact to the other trustees. The disclosure shall be
entered into the minutes of the meeting.
(c) The failure of a trustee to disclose the trustee's
financial interest in a contract and to have the disclosure entered
in the minutes invalidates the contract.
[Sections 336.059-336.100 reserved for expansion]
SUBCHAPTER D. OTHER ADMINISTRATIVE PROVISIONS
Sec. 336.101. BYLAWS. The board may adopt bylaws to govern:
(1) the time, place, and manner of conducting board
meetings;
(2) the powers, duties, and responsibilities of the
board's officers and employees;
(3) the disbursement of money by a check, draft, or
warrant;
(4) the appointment and authority of board committees;
(5) the keeping of accounts and other records; and
(6) any other matter the board considers appropriate.
Sec. 336.102. EMPLOYEES. (a) The board may employ any
person the board considers necessary for conducting the district's
affairs.
(b) The board shall determine the term of office and
compensation of any employee and consultant by contract or by board
resolution.
(c) The board may remove any employee.
Sec. 336.103. DISTRICT DIRECTOR. The board may employ a
district director to administer the affairs of the district under
policies established by the board. The board shall set the
compensation of the district director.
Sec. 336.104. BOND. The board may require an officer or
employee to execute a bond payable to the district and conditioned
on the faithful performance of the person's duties.
Sec. 336.105. EMPLOYEE PLANS. (a) The board may provide
for and administer a workers' compensation, health benefit,
retirement, disability, or death compensation plan for district
employees.
(b) The board may adopt a plan to accomplish the purpose of
this section.
(c) The board, after notice and a hearing, may change any
plan or rule adopted under this section.
[Sections 336.106-336.150 reserved for expansion]
SUBCHAPTER E. POWERS AND DUTIES
Sec. 336.151. GENERAL POWERS OF DISTRICT. A district has
all authority necessary to accomplish district purposes.
Sec. 336.152. RULES. (a) The board may adopt reasonable
rules to accomplish district purposes.
(b) The board may set monetary charges in reasonable amounts
for the violation of a district rule.
(c) The board may exclude from the use of a library a person
who intentionally violates a rule adopted by the board under this
section.
Sec. 336.153. PROPERTY AND EQUIPMENT. (a) A district may
construct, acquire, own, operate, maintain, repair, or improve any
land, works, materials, supplies, improvements, facilities,
equipment, vehicles, machinery, appliances, or other property as
necessary.
(b) If a district acquires existing improvements,
facilities, plants, equipment, or appliances, the district may
assume the contracts and obligations of the previous owner.
Sec. 336.154. SUITS. (a) A district may sue and be sued in
any court of this state in the name of the district.
(b) A court of this state shall take judicial notice of the
establishment of a district.
Sec. 336.155. RECORDS; SECRETARY. (a) The secretary is
responsible for ensuring that all district books and other records
are properly maintained.
(b) The board may appoint the district director or an
employee as assistant or deputy secretary to assist the secretary
in performing the secretary's duties under this section. The
assistant or deputy secretary may certify the authenticity of any
district record.
Sec. 336.156. EXPANSION OF DISTRICT. (a) The district may
expand to include additional territory if the commissioners court
of the county in which the district is located calls and holds an
election for that purpose in the territory to be added to the
district.
(b) If a majority of the voters voting at the expansion
election approve the expansion of the district, the territory of
the district is expanded.
[Sections 336.157-336.200 reserved for expansion]
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS
Sec. 336.201. LEAD GOVERNMENTAL ENTITY. The lead
governmental entity shall provide over 50 percent of the assets to
the district.
Sec. 336.202. BORROWING. A district may borrow money.
Sec. 336.203. FEES. (a) A district may impose any
necessary charges or fee for providing a district service.
(b) A district may discontinue a service to enforce payment
of an unpaid charge or fee that is owed to the district.
Sec. 336.204. DEPOSITORY. (a) The board shall designate
one or more banks inside or outside of the district to serve as the
depository for district money.
(b) The district shall deposit district tax revenue in a
depository bank.
Sec. 336.205. EXPENDITURES. A district may disburse
district money only by check, draft, money order, or another
instrument that must be signed by one or more officers or employees
of the district as designated by the board.
Sec. 336.206. ACCOUNTS AND RECORDS; AUDITS. (a) A district
shall keep a complete system of accounts.
(b) The district shall have an annual audit of the district
affairs performed by an independent certified public accountant.
(c) A signed copy of the audit report shall be delivered to
each trustee not later than the 120th day after the closing date of
each fiscal year.
(d) A copy of the audit report shall be kept on file at the
district office and shall be made available for inspection by any
interested person during regular business hours.
Sec. 336.207. FISCAL YEAR. The fiscal year of the district
is from January 1 to December 31, unless the board adopts another
fiscal year.
Sec. 336.208. GRANTS AND DONATIONS. A district may accept
and administer a grant or donation from any source to carry out a
district purpose.
[Sections 336.209-336.250 reserved for expansion]
SUBCHAPTER G. TAXES
Sec. 336.251. TAX ASSESSMENT AND COLLECTION. (a) The board
shall cause the taxable property in its district to be assessed for
ad valorem taxation and the ad valorem taxes in the district to be
collected, in accordance with any one of the methods set forth in
this section, and any method adopted remains in effect until
changed by the board.
(b) The board may have the taxable property in its district
assessed or its taxes collected, in whole or in part, by the tax
assessors or tax collectors of any county, municipality, taxing
district, or other governmental entity in which all or any part of
the district is located. The tax assessors or tax collectors of a
governmental subdivision, on the request of the board, shall assess
and collect the taxes of the district in the manner prescribed in
the Property Tax Code. Tax assessors and tax collectors shall
receive compensation in an amount agreed on between the appropriate
parties, but not to exceed two percent of the ad valorem taxes
assessed.
Sec. 336.252. IMPOSITION, COMPUTATION, ADMINISTRATION, AND
GOVERNANCE OF SALES TAX. (a) A district may impose a sales and use
tax.
(b) Chapter 323, Tax Code, to the extent not inconsistent
with this chapter, governs the imposition, computation,
administration, and governance of the sales and use tax under this
subchapter, except that Sections 323.101, 323.105, 323.404, and
323.406-323.408, Tax Code, do not apply.
(c) Chapter 323, Tax Code, does not apply to the use and
allocation of revenue under this chapter.
(d) In applying the procedures under Chapter 323, Tax Code,
to the district, the district's name shall be substituted for "the
county," and "board of trustees" is substituted for "commissioners
court."
Sec. 336.253. SALES AND USE TAX RATES. The permissible
rates for a sales and use tax imposed under this chapter are
one-eighth of one percent, one-fourth of one percent, three-eighths
of one percent, and one-half of one percent.
Sec. 336.254. ABOLITION OF OR CHANGE IN AD VALOREM TAX RATE.
(a) The board by order may decrease or abolish the ad valorem tax
rate or may call an election to increase, decrease, or abolish the
ad valorem tax rate.
(b) At the election, the ballots shall be printed to permit
voting for or against the proposition: "The increase (decrease) in
the ad valorem tax rate of _________ (name of district) to
___________ (rate of tax) cents per $100 valuation of taxable
property to be used for district purposes" or "The abolition of the
district ad valorem tax." The increase or decrease in the tax rate,
or the abolition of the tax, is effective if it is approved by a
majority of the votes cast.
(c) In calling and holding the election, the board shall use
the procedure for the confirmation and tax election in Subchapter
B.
Sec. 336.255. USE OF TAX. A tax collected under this
subchapter may be used only for a district purpose and may be
pledged as collateral for borrowing money to further those
purposes.
SECTION 3. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2005.