H.B. No. 2883
 
 
 
 
AN ACT
  relating to the addition of territory to a crime control and
  prevention district and to a fire control, prevention, and
  emergency medical services district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 344, Local Government Code, is amended
  by adding Subchapter D-1 to read as follows:
  SUBCHAPTER D-1. ADDITION OF TERRITORY TO DISTRICT
         Sec. 344.181.  ELECTION REQUIRED. The municipality that
  created a district may add all or part of the territory in the
  municipality's extraterritorial jurisdiction to the district and
  the district may impose a tax in that territory only if the addition
  of the territory and the imposition of the tax are approved by a
  majority of the qualified voters of the territory to be added voting
  at an election held for that purpose.
         Sec. 344.182.  CONFIRMATION ELECTION ORDER. (a) The board
  may not call and hold a confirmation election until the board adopts
  a budget plan and a fire control, prevention, and emergency medical
  services plan under Section 344.061 that include the proposed
  addition of territory.
         (b)  An order calling an election under Subsection (a) must
  state:
               (1)  the nature of the election, including the
  proposition that is to appear on the ballot;
               (2)  the date of the election;
               (3)  the hours during which the polls will be open;
               (4)  the location of the polling places;
               (5)  a summary of the district's budget plan and fire
  control, prevention, and emergency medical services plan that
  includes the proposed addition of territory; and
               (6)  the proposed rate of the sales and use tax to be
  imposed in the territory to be added.
         Sec. 344.183.  NOTICE OF ELECTION. In addition to the notice
  required by Section 4.003(c), Election Code, the board shall give
  notice of an election to add territory to the district by publishing
  a substantial copy of the election order in a newspaper with general
  circulation in the territory to be added once a week for two
  consecutive weeks. The first publication must appear before the
  35th day before the date set for the election.
         Sec. 344.184.  BALLOT PROPOSITION. The ballot for an
  election to add territory to a district shall be printed to permit
  voting for or against the proposition: "The addition of ______
  (description of territory to be added) to the ______ (name of the
  municipality that created the district) Fire Control, Prevention,
  and Emergency Medical Services District dedicated to fire safety
  and emergency medical services programs and the adoption of a
  proposed local sales and use tax in the territory to be added at a
  rate of _______ (rate specified in the election order)."
         Sec. 344.185.  ELECTION RESULTS. (a) If a majority of the
  votes cast in the election favor the addition of the territory to
  the district, the board shall issue an order declaring the
  territory added to the boundaries of the district.
         (b)  If a majority of the votes cast in the election do not
  favor the addition of the territory to the district, the board may
  not order another election on the matter before the first
  anniversary of the date of the most recent election.
         (c)  The provisions of Section 321.102, Tax Code, governing
  the application of a municipal sales and use tax in the event of a
  change in the boundaries of a municipality apply to the application
  of a tax imposed under this chapter to territory added under this
  subchapter.
         SECTION 2.  Chapter 363, Local Government Code, is amended
  by adding Subchapter D-1 to read as follows:
  SUBCHAPTER D-1. ADDITION OF TERRITORY TO DISTRICT
         Sec. 363.181.  ELECTION REQUIRED. The governing body that
  created a district may add all or part of the territory in the
  political subdivision governed by that body to the district and the
  district may impose a tax in that territory only if the addition of
  the territory and the imposition of the tax are approved by a
  majority of the qualified voters of the territory to be added voting
  at an election held for that purpose.
         Sec. 363.182.  ELECTION ORDER. (a) After a majority of the
  board has approved a budget plan and a crime control plan in
  accordance with Section 363.061 that include the proposed addition
  of territory, a majority of the board may order that an additional
  election be held.
         (b)  An order calling an election under Subsection (a) must
  state:
               (1)  the nature of the election, including the
  proposition that is to appear on the ballot;
               (2)  the date of the election;
               (3)  the hours during which the polls will be open;
               (4)  the location of the polling places;
               (5)  in summary form, the approved budget plan and
  crime control plan that include the proposed addition of territory;
  and
               (6)  the proposed rate of the sales and use tax to be
  imposed in the territory to be added.
         Sec. 363.183.  NOTICE OF ELECTION. In addition to the notice
  required by Section 4.003(c), Election Code, the board shall give
  notice of an election to add territory to the district by publishing
  a substantial copy of the election order in a newspaper with general
  circulation in the territory to be added once a week for two
  consecutive weeks. The first publication must appear before the
  35th day before the date set for the election.
         Sec. 363.184.  BALLOT PROPOSITION. The ballot for an
  election to add territory to a district shall be printed to permit
  voting for or against the proposition: "The addition of ________
  (description of territory to be added) to the ________ (name of the
  political subdivision that created the district) Crime Control and
  Prevention District dedicated to crime reduction programs and the
  adoption of a proposed local sales and use tax in the territory to
  be added at a rate of ______ (rate specified in the election
  order)."
         Sec. 363.185.  ELECTION RESULTS. (a) If a majority of the
  votes cast in the election favor the addition of the territory to
  the district, the board shall issue an order declaring the
  territory added to the boundaries of the district.
         (b)  If a majority of the votes cast in the election do not
  favor the addition of territory to the district, the board may not
  order another election on the matter before the first anniversary
  of the date of the most recent election.
         (c)  The provisions of Section 321.102, Tax Code, governing
  the application of a municipal sales and use tax in the event of a
  change in the boundaries of a municipality apply to the application
  of a tax imposed under this chapter to territory added under this
  subchapter.
         SECTION 3.  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, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2883 was passed by the House on May 5,
  2015, by the following vote:  Yeas 142, Nays 3, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2883 was passed by the Senate on May
  27, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor