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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a library district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 326.003(3), Local Government Code, is |
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amended to read as follows: |
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(3) "Municipal public library" means a library that |
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is: |
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(A) financed and operated by a municipality; |
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[and] |
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(B) accredited for membership in the state |
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library system; and |
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(C) open free of charge to all members of the |
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public under identical conditions. |
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SECTION 2. Sections 326.022(a), (c), and (d), Local |
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Government Code, are amended to read as follows: |
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(a) A district may include any contiguous territory within |
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one or more counties [a single county]. |
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(c) If the boundaries of the proposed district include any |
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territory that, on the date on which a petition is filed [an
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election is ordered] on the question of creating the district, is |
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part of a municipality that operates [operated] a municipal public |
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library, then the governing authority of that municipality must |
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consent by resolution to allow the inclusion of that municipal |
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territory in the proposed district. |
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(d) After a district is created, the district may not be |
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expanded to include additional territory unless the commissioners |
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court of the county in which the territory [district] is located |
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calls and holds an election for that purpose in the territory to be |
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added to the district. The district is not expanded [commissioners
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court may not expand the district] unless a majority of the voters |
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voting at the expansion election approve the expansion of the |
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district. |
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SECTION 3. Section 326.023(a), Local Government Code, is |
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amended to read as follows: |
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(a) Before a district may be created, the commissioners |
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court of each [the] county in which the proposed district is located |
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must receive an identical [a] petition signed by at least five |
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percent of the number of voters in the territory of the proposed |
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district who voted in the most recent gubernatorial election. |
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SECTION 4. Section 326.024, Local Government Code, is |
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amended to read as follows: |
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Sec. 326.024. PAYMENT OF ELECTION COSTS. The commissioners |
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court may not order the creation of the district or a confirmation |
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election until the petitioners deposit with the county clerk an |
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amount of money equal to the cost to that county of conducting the |
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creation election of the proposed district, as computed by the |
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county. |
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SECTION 5. Section 326.025(c), Local Government Code, is |
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amended to read as follows: |
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(c) If a petition is granted, the commissioners court shall |
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order an election to confirm the district's creation and to |
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authorize the imposition of a sales and use tax. If the petition |
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indicates that the proposed district will contain territory in more |
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than one county, the commissioners court may not order an election |
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until the commissioners court of each county of the proposed |
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district has granted the petition. |
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SECTION 6. Sections 326.029(a), (b), and (d), Local |
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Government Code, are amended to read as follows: |
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(a) If a majority of the votes received in the election |
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favor the creation of the district and the adoption of the sales and |
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use tax, the commissioners court in the most populous county in the |
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proposed district shall by resolution or order declare that the |
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district is created and shall declare the amount of the local sales |
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and use tax adopted and enter the result in its minutes. |
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(b) If a majority of the votes received in the election are |
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not in favor of [against] the creation of the district, the |
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commissioners court in the most populous county in the proposed |
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district shall declare the measure defeated and enter the result in |
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its minutes. |
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(d) The order issued by a commissioners court canvassing the |
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results of the election must be filed in the deed records of each |
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[the] county in which the district is located. |
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SECTION 7. Section 326.030(a), Local Government Code, is |
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amended to read as follows: |
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(a) The commissioners court in the most populous county in |
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the proposed district shall declare the five persons receiving the |
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highest number of votes for trustee to be elected as trustees. |
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SECTION 8. Section 326.042, Local Government Code, is |
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amended to read as follows: |
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Sec. 326.042. REGISTERED VOTER REQUIREMENT. A person may |
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not be elected to the board of trustees unless the person is a |
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resident of the district and a registered voter of a [the] county in |
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which the district is located. |
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SECTION 9. The change in law made by this Act applies only |
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to a library district for which a petition is filed on or after the |
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effective date of this Act. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2007. |