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A BILL TO BE ENTITLED
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AN ACT
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relating to voter approval of a county or municipal budget that |
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reduces by a certain percentage the amount allocated to provide a |
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fire protection, law enforcement, or emergency medical service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 140, Local Government Code, is amended |
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by adding Section 140.0047 to read as follows: |
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Sec. 140.0047. ELECTION REQUIRED FOR REDUCTION IN BUDGET |
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FOR PUBLIC SAFETY SERVICES. (a) In this section, "public safety |
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service" means a fire protection, law enforcement, or emergency |
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medical service. |
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(b) If a county or municipality adopts a budget in which the |
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amount of money allocated to provide for a public safety service is |
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less than the amount allocated to provide for that service in the |
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preceding fiscal year by more than five percent, the registered |
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voters of the county or municipality, as applicable, at an election |
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held for that purpose, must determine whether to approve the amount |
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allocated. |
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(c) The governing body of the county or municipality shall |
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order that the election be held in the county or municipality, as |
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applicable, on the earliest date that allows sufficient time to |
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comply with the requirements of other law for holding the election, |
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except Section 41.001(a), Election Code. Notwithstanding Section |
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41.001(a), Election Code, the county or municipality may hold the |
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election on a date other than a uniform election date. |
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(d) If a majority of votes cast in the election favor |
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approving the amount allocated for the public safety service, the |
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budget is approved. If the amount allocated is not approved, the |
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governing body shall amend the budget by allocating for the public |
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safety service an amount for the current fiscal year that is not |
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less than 95 percent of the amount allocated for that service in the |
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preceding fiscal year. |
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(e) For purposes of this section, the amount allocated in a |
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budget to provide a service includes all maintenance, operations, |
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and debt service costs associated with providing the service. |
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SECTION 2. The change in law made by this Act applies only |
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to a budget adopted by a county or municipality on or after the |
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effective date of this Act. |
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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, 2021. |