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A BILL TO BE ENTITLED
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AN ACT
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relating to the addition of territory to a crime control and |
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prevention district and to a fire control, prevention, and |
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emergency medical services district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 344, Local Government Code, is amended |
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by adding Subchapter D-1 to read as follows: |
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SUBCHAPTER D-1. ADDITION OF TERRITORY TO DISTRICT |
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Sec. 344.181. ELECTION REQUIRED. The municipality that |
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created a district may add all or part of the territory in the |
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municipality's extraterritorial jurisdiction to the district and |
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the district may impose a tax in that territory only if the addition |
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of the territory and the imposition of the tax are approved by a |
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majority of the qualified voters of the territory to be added voting |
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at an election held for that purpose. |
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Sec. 344.182. CONFIRMATION ELECTION ORDER. (a) The board |
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may not call and hold a confirmation election until the board adopts |
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a budget plan and a fire control, prevention, and emergency medical |
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services plan under Section 344.061 that include the proposed |
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addition of territory. |
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(b) An order calling an election under Subsection (a) must |
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state: |
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(1) the nature of the election, including the |
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proposition that is to appear on the ballot; |
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(2) the date of the election; |
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(3) the hours during which the polls will be open; |
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(4) the location of the polling places; |
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(5) a summary of the district's budget plan and fire |
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control, prevention, and emergency medical services plan that |
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includes the proposed addition of territory; and |
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(6) the proposed rate of the sales and use tax to be |
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imposed in the territory to be added. |
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Sec. 344.183. NOTICE OF ELECTION. In addition to the notice |
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required by Section 4.003(c), Election Code, the board shall give |
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notice of an election to add territory to the district by publishing |
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a substantial copy of the election order in a newspaper with general |
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circulation in the territory to be added once a week for two |
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consecutive weeks. The first publication must appear before the |
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35th day before the date set for the election. |
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Sec. 344.184. BALLOT PROPOSITION. The ballot for an |
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election to add territory to a district shall be printed to permit |
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voting for or against the proposition: "The addition of ______ |
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(description of territory to be added) to the ______ (name of the |
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municipality that created the district) Fire Control, Prevention, |
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and Emergency Medical Services District dedicated to fire safety |
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and emergency medical services programs and the adoption of a |
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proposed local sales and use tax in the territory to be added at a |
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rate of _______ (rate specified in the election order)." |
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Sec. 344.185. ELECTION RESULTS. (a) If a majority of the |
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votes cast in the election favor the addition of the territory to |
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the district, the board shall issue an order declaring the |
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territory added to the boundaries of the district. |
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(b) If a majority of the votes cast in the election do not |
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favor the addition of the territory to the district, the board may |
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not order another election on the matter before the first |
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anniversary of the date of the most recent election. |
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(c) The provisions of Section 321.102, Tax Code, governing |
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the application of a municipal sales and use tax in the event of a |
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change in the boundaries of a municipality apply to the application |
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of a tax imposed under this chapter to territory added under this |
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subchapter. |
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SECTION 2. Chapter 363, Local Government Code, is amended |
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by adding Subchapter D-1 to read as follows: |
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SUBCHAPTER D-1. ADDITION OF TERRITORY TO DISTRICT |
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Sec. 363.181. ELECTION REQUIRED. The governing body that |
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created a district may add all or part of the territory in the |
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political subdivision governed by that body to the district and the |
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district may impose a tax in that territory only if the addition of |
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the territory and the imposition of the tax are approved by a |
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majority of the qualified voters of the territory to be added voting |
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at an election held for that purpose. |
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Sec. 363.182. ELECTION ORDER. (a) After a majority of the |
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board has approved a budget plan and a crime control plan in |
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accordance with Section 363.061 that include the proposed addition |
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of territory, a majority of the board may order that an additional |
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election be held. |
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(b) An order calling an election under Subsection (a) must |
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state: |
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(1) the nature of the election, including the |
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proposition that is to appear on the ballot; |
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(2) the date of the election; |
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(3) the hours during which the polls will be open; |
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(4) the location of the polling places; |
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(5) in summary form, the approved budget plan and |
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crime control plan that include the proposed addition of territory; |
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and |
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(6) the proposed rate of the sales and use tax to be |
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imposed in the territory to be added. |
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Sec. 363.183. NOTICE OF ELECTION. In addition to the notice |
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required by Section 4.003(c), Election Code, the board shall give |
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notice of an election to add territory to the district by publishing |
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a substantial copy of the election order in a newspaper with general |
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circulation in the territory to be added once a week for two |
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consecutive weeks. The first publication must appear before the |
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35th day before the date set for the election. |
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Sec. 363.184. BALLOT PROPOSITION. The ballot for an |
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election to add territory to a district shall be printed to permit |
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voting for or against the proposition: "The addition of ________ |
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(description of territory to be added) to the ________ (name of the |
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political subdivision that created the district) Crime Control and |
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Prevention District dedicated to crime reduction programs and the |
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adoption of a proposed local sales and use tax in the territory to |
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be added at a rate of ______ (rate specified in the election |
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order)." |
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Sec. 363.185. ELECTION RESULTS. (a) If a majority of the |
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votes cast in the election favor the addition of the territory to |
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the district, the board shall issue an order declaring the |
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territory added to the boundaries of the district. |
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(b) If a majority of the votes cast in the election do not |
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favor the addition of territory to the district, the board may not |
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order another election on the matter before the first anniversary |
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of the date of the most recent election. |
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(c) The provisions of Section 321.102, Tax Code, governing |
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the application of a municipal sales and use tax in the event of a |
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change in the boundaries of a municipality apply to the application |
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of a tax imposed under this chapter to territory added under this |
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subchapter. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |