S.B. No. 1804
 
 
 
 
AN ACT
  relating to public health and safety; authorizing the imposition of
  a tax.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 17.49, Code of Criminal Procedure, is
  amended by adding Subsections (m), (n), (o), (p), (q), (r), (s), and
  (t) to read as follows:
         (m)  As soon as possible but not later than the next business
  day after the date the magistrate issues an order imposing a
  condition of bond or modifying or removing a condition imposed
  under this article, the magistrate shall send a copy of the order to
  the appropriate attorney representing the state and either to the
  chief of police in the municipality where the victim of the offense
  resides, if the victim resides in a municipality, or to the sheriff
  of the county where the victim resides, if the victim does not
  reside in a municipality.  The clerk of the court shall send a copy
  of the order to the victim at the victim's last known address as
  soon as possible but not later than the next business day after the
  date the order is issued.
         (n)  A magistrate or clerk of the court may delay sending a
  copy of the order under Subsection (m) only if the magistrate or
  clerk lacks information necessary to ensure service and
  enforcement.
         (o)  If an order described by Subsection (m) prohibits a
  defendant from going to or near a child care facility or school, the
  magistrate shall send a copy of the order to the applicable child
  care facility or school.
         (p)  The copy of the order and any related information may be
  sent under Subsection (m) or (o) electronically or in another
  manner that can be accessed by the recipient.
         (q)  If the victim of the offense is not present when an order
  described by Subsection (m) is issued, the magistrate shall order a
  peace officer to make a good faith effort to provide notice of the
  order to the victim within 24 hours by calling the victim's last
  known phone number.
         (r)  Not later than the third business day after the date of
  receipt of the copy of an order described by Subsection (m) by the
  applicable law enforcement agency, the law enforcement agency shall
  enter the following information into the statewide law enforcement
  information system maintained by the Department of Public Safety or
  shall modify or remove that information, as appropriate:
               (1)  the information listed in Section 411.042(b)(6),
  Government Code, as that information relates to an order issued
  under this article;
               (2)  the date the order releasing the defendant on bond
  was issued; and
               (3)  the court that issued the order releasing the
  defendant on bond.
         (s)  The law enforcement agency shall enter the information
  described by Subsection (r) into the statewide law enforcement
  information system maintained by the Department of Public Safety:
               (1)  in the same manner that the agency enters the
  information into the system for a protective order or magistrate's
  order of emergency protection; and
               (2)  regardless of whether a protective order or
  magistrate's order of emergency protection:
                     (A)  has been issued or has been entered into the
  system with respect to the defendant; or
                     (B)  protects the same person as a condition of
  bond in an order described by Subsection (m). 
         (t)  The Department of Public Safety shall modify the
  department's statewide law enforcement information system to:
               (1)  enable the system to accept and maintain detailed
  information regarding the requirements and status of a condition of
  bond imposed under this article, including information described by
  Subsection (r), so that a peace officer may:
                     (A)  easily and quickly search the system by one
  or more criteria related to the information described by Subsection
  (r), including the name of the defendant on whom the condition is
  imposed; and 
                     (B)  retrieve the information necessary to
  enforce the condition of bond or prevent a violation of the
  condition; and
               (2)  ensure that a person who accesses the system for
  the purpose of entering, modifying, or removing information that
  relates to a condition of bond imposed under this article may add or
  remove notes regarding the condition, the defendant on whom the
  condition is imposed, or the person protected by the condition.
         SECTION 2.  Subchapter A, Chapter 772, Government Code, is
  amended by adding Section 772.0077 to read as follows:
         Sec. 772.0077.  GRANT PROGRAM FOR MONITORING DEFENDANTS AND
  VICTIMS IN FAMILY VIOLENCE CASES. (a)  In this section:
               (1)  "Criminal justice division" means the criminal
  justice division established under Section 772.006.
               (2)  "Family violence" has the meaning assigned by
  Section 71.004, Family Code.
         (b)  The criminal justice division shall establish and
  administer a grant program to reimburse counties for all or part of
  the costs incurred by counties as a result of monitoring in cases
  involving family violence defendants and victims who participate in
  a global positioning monitoring system under Article 17.292 or
  17.49, Code of Criminal Procedure. A grant recipient may use funds
  from a grant awarded under the program only for monitoring
  conducted for the purpose of restoring a measure of security and
  safety for a victim of family violence.
         (c)  The criminal justice division shall establish:
               (1)  additional eligibility criteria for grant
  applicants;
               (2)  grant application procedures;
               (3)  guidelines relating to grant amounts;
               (4)  procedures for evaluating grant applications; and
               (5)  procedures for monitoring the use of a grant
  awarded under the program and ensuring compliance with any
  conditions of a grant.
         (d)  The criminal justice division shall include in the
  biennial report required by Section 772.006(a)(9) a detailed
  reporting of the results and performance of the grant program
  administered under this section.
         (e)  The criminal justice division may use any revenue
  available for purposes of this section.
         SECTION 3.  Section 1061.151(b), Special District Local Laws
  Code, is amended to read as follows:
         (b)  The proposed budget must contain a complete financial
  statement of:
               (1)  the outstanding obligations of the district;
               (2)  the cash on hand in each district fund;
               (3)  the money received by the district from all
  sources during the previous year;
               (4)  the money available to the district from all
  sources during the ensuing year;
               (5)  the balances expected at the end of the year in
  which the budget is being prepared;
               (6)  the estimated revenue and balances available to
  cover the proposed budget;
               (7)  the estimated ad valorem tax rate required; and
               (8)  the proposed expenditures and disbursements and
  the estimated receipts and collections for the following fiscal
  year.
         SECTION 4.  The heading to Subchapter F, Chapter 1061,
  Special District Local Laws Code, is amended to read as follows:
  SUBCHAPTER F. AD VALOREM TAXES
         SECTION 5.  Chapter 1061, Special District Local Laws Code,
  is amended by adding Subchapter G to read as follows:
  SUBCHAPTER G. SALES AND USE TAX
         Sec. 1061.301.  TAX AUTHORIZED. (a)  The district may
  adopt, change the rate of, or abolish a sales and use tax at an
  election held in the district.
         (b)  The district may not adopt a tax under this subchapter
  or increase the rate of the tax if as a result of the adoption of the
  tax or the tax increase the combined rate of all sales and use taxes
  imposed by the district and all other political subdivisions of
  this state having territory in the district would exceed two
  percent in any location in the district.
         Sec. 1061.302.  APPLICABILITY OF OTHER LAW. Except to the
  extent that a provision of this subchapter applies, Chapter 323,
  Tax Code, applies to a tax authorized by this subchapter in the same
  manner as that chapter applies to the tax authorized by that
  chapter.
         Sec. 1061.303.  TAX RATE; CHANGE IN RATE. (a)  The district
  may impose a tax authorized by this subchapter in increments of
  one-eighth of one percent, with a minimum rate of one-eighth of one
  percent and a maximum rate of two percent.
         (b)  The district may increase the rate of a tax authorized
  by this subchapter to a maximum of two percent or decrease the rate
  of the tax to a minimum of one-eighth of one percent if the change is
  approved by a majority of the voters of the district at an election
  called for that purpose.
         Sec. 1061.304.  ELECTION PROCEDURE. An election to adopt,
  change the rate of, or abolish a tax authorized by this subchapter
  is called by the adoption of an order of the board. The board may
  call an election on its own motion and shall call an election if a
  number of qualified voters in the district equal to at least five
  percent of the number of registered voters in the district
  petitions the board to call the election.
         Sec. 1061.305.  ELECTION IN OTHER TAXING AUTHORITY. (a)  In
  this section, "taxing authority" means any entity authorized to
  impose a local sales and use tax.
         (b)  If the district is included within the boundaries of
  another taxing authority and the adoption or increase in the rate of
  a tax under this subchapter would result in a combined tax rate by
  the district and other political subdivisions of this state of more
  than two percent at any location in the district, an election to
  approve or increase the rate of the tax has no effect unless:
               (1)  one or more of the other taxing authorities holds
  an election in accordance with the law governing that authority on
  the same date as the election under this subchapter to reduce the
  tax rate of that authority to a rate that will result in a combined
  tax rate by the district and other political subdivisions of not
  more than two percent at any location in the district; and
               (2)  the combined tax rate is reduced to not more than
  two percent as a result of that election.
         (c)  This section does not permit a taxing authority to
  impose taxes at differential tax rates within the territory of the
  authority.
         Sec. 1061.306.  TAX EFFECTIVE DATE. (a)  The adoption,
  change in the rate of, or abolition of a tax under this subchapter
  takes effect on the first day of the first calendar quarter
  occurring after the expiration of the first complete calendar
  quarter occurring after the date on which the comptroller receives
  notice of the results of an election to adopt, change the rate of,
  or abolish the tax.
         (b)  If the comptroller determines that an effective date
  provided by Subsection (a) will occur before the comptroller can
  reasonably take the action required to begin collecting the tax or
  to implement the change in the rate of the tax or the abolition of
  the tax, the effective date may be extended by the comptroller until
  the first day of the next calendar quarter.
         Sec. 1061.307.  USE OF TAX REVENUE. Revenue from a tax
  imposed under this subchapter may be used by the district for any
  purpose of the district authorized by law.
         SECTION 6.  Section 26.012(1), Tax Code, is amended to read
  as follows:
               (1)  "Additional sales and use tax" means an additional
  sales and use tax imposed by:
                     (A)  a city under Section 321.101(b);
                     (B)  a county under Chapter 323; or
                     (C)  a hospital district, other than a hospital
  district:
                           (i)  created on or after September 1, 2001,
  that:
                                 (a) [(i)]  imposes the sales and use
  tax under Subchapter I, Chapter 286, Health and Safety Code; or
                                 (b) [(ii)]  imposes the sales and use
  tax under Subchapter L, Chapter 285, Health and Safety Code; or
                           (ii)  that imposes the sales and use tax
  under Subchapter G, Chapter 1061, Special District Local Laws Code.
         SECTION 7.  Notwithstanding Section 1(b), Chapter 790 (H.B.
  2662), Acts of the 85th Legislature, Regular Session, 2017, Section
  401.207(g), Health and Safety Code, as amended by that Act, takes
  effect September 1, 2021.
         SECTION 8.  Notwithstanding Section 3(b), Chapter 790 (H.B.
  2662), Acts of the 85th Legislature, Regular Session, 2017, Section
  401.2445, Health and Safety Code, as added by that Act, takes effect
  September 1, 2021.
         SECTION 9.  This Act takes effect September 1, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1804 passed the Senate on
  April 11, 2019, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on May 25, 2019, by the
  following vote: Yeas 27, Nays 3.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1804 passed the House, with
  amendments, on May 22, 2019, by the following vote: Yeas 142,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor