Bill Text: TX HB2883 | 2015-2016 | 84th Legislature | Enrolled
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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-06-19 - Effective immediately [HB2883 Detail]
Download: Texas-2015-HB2883-Enrolled.html
H.B. No. 2883 |
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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 |