Bill Text: TX HB2883 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the addition of territory to a crime control and prevention district and to a fire control, prevention, and emergency medical services district.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2015-06-19 - Effective immediately [HB2883 Detail]

Download: Texas-2015-HB2883-Enrolled.html

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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