Bill Text: TX SB1233 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the promotion of efficiencies in and the administration of certain district court and county services and functions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB1233 Detail]
Download: Texas-2011-SB1233-Enrolled.html
S.B. No. 1233 |
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relating to the promotion of efficiencies in and the administration | ||
of certain district court and county services and functions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 144.041, Agriculture Code, is amended by | ||
adding Subsection (h) to read as follows: | ||
(h) A county clerk may accept electronic filing or | ||
rerecording of an earmark, brand, tattoo, electronic device, or | ||
other type of mark for which a recording is required under this | ||
chapter or other law. | ||
SECTION 2. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Article 2.31 to read as follows: | ||
Art. 2.31. COUNTY JAILERS. A jailer licensed under Chapter | ||
1701, Occupations Code, may execute lawful process issued to the | ||
jailer by any magistrate or court on a person confined in the jail | ||
at which the jailer is employed to the same extent that a peace | ||
officer is authorized to execute process under Article 2.13(b)(2), | ||
including: | ||
(1) a warrant under Chapter 15, 17, or 18; | ||
(2) a capias under Chapter 17 or 23; | ||
(3) a subpoena under Chapter 20 or 24; or | ||
(4) an attachment under Chapter 20 or 24. | ||
SECTION 3. Subsection (a), Article 20.011, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) Only the following persons may be present in a grand | ||
jury room while the grand jury is conducting proceedings: | ||
(1) grand jurors; | ||
(2) bailiffs; | ||
(3) the attorney representing the state; | ||
(4) witnesses while being examined or when necessary | ||
to assist the attorney representing the state in examining other | ||
witnesses or presenting evidence to the grand jury; | ||
(5) interpreters, if necessary; [ |
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(6) a stenographer or person operating an electronic | ||
recording device, as provided by Article 20.012; and | ||
(7) a person operating a video teleconferencing system | ||
for use under Article 20.151. | ||
SECTION 4. Subsection (b), Article 20.02, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) A grand juror, bailiff, interpreter, stenographer or | ||
person operating an electronic recording device, [ |
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preparing a typewritten transcription of a stenographic or | ||
electronic recording, or person operating a video teleconferencing | ||
system for use under Article 20.151 who discloses anything | ||
transpiring before the grand jury, regardless of whether the thing | ||
transpiring is recorded, in the course of the official duties of the | ||
grand jury, is [ |
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court, not exceeding $500 [ |
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exceeding 30 [ |
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imprisonment. | ||
SECTION 5. Chapter 20, Code of Criminal Procedure, is | ||
amended by adding Article 20.151 to read as follows: | ||
Art. 20.151. CERTAIN TESTIMONY BY VIDEO TELECONFERENCING. | ||
(a) With the consent of the foreman of the grand jury and the | ||
attorney representing the state, a peace officer summoned to | ||
testify before the grand jury may testify through the use of a | ||
closed circuit video teleconferencing system that provides an | ||
encrypted, simultaneous, compressed full motion video and | ||
interactive communication of image and sound between the peace | ||
officer, the attorney representing the state, and the grand jury. | ||
(b) In addition to being administered the oath described by | ||
Article 20.16(a), before being interrogated, a peace officer | ||
testifying through the use of a closed circuit video | ||
teleconferencing system under this article shall affirm that: | ||
(1) no person other than a person in the grand jury | ||
room is capable of hearing the peace officer's testimony; and | ||
(2) the peace officer's testimony is not being | ||
recorded or otherwise preserved by any person at the location from | ||
which the peace officer is testifying. | ||
(c) Testimony received from a peace officer under this | ||
article shall be recorded and preserved. | ||
SECTION 6. Article 27.18, Code of Criminal Procedure, is | ||
amended by amending Subsection (c) and adding Subsections (c-1) and | ||
(c-2) to read as follows: | ||
(c) A recording of the communication shall be made and | ||
preserved until all appellate proceedings have been disposed of. A | ||
court reporter or court recorder is not required to transcribe or | ||
make a separate recording of a plea taken under this article unless | ||
an appeal is taken in the case and a party requests a transcript. | ||
(c-1) The defendant may obtain a copy of a [ |
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made under Subsection (c) on payment of a reasonable amount to cover | ||
the costs of reproduction or, if the defendant is indigent, the | ||
court shall provide a copy to the defendant without charging a cost | ||
for the copy. | ||
(c-2) The loss or destruction of or failure to make a video | ||
recording of a plea entered under this article is not alone | ||
sufficient grounds for a defendant to withdraw the defendant's plea | ||
or to request the court to set aside a conviction, sentence, or | ||
plea. | ||
SECTION 7. Article 38.073, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 38.073. TESTIMONY OF INMATE WITNESSES. In a | ||
proceeding in the prosecution of a criminal offense in which an | ||
inmate in the custody of the Texas Department of Criminal Justice is | ||
required to testify as a witness, any deposition or testimony of the | ||
inmate witness may be conducted by a video teleconferencing system | ||
in the manner described by Article 27.18 [ |
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SECTION 8. Article 49.25, Code of Criminal Procedure, is | ||
amended by adding Section 13A to read as follows: | ||
Sec. 13A. FEES. (a) A medical examiner may charge | ||
reasonable fees for services provided by the office of medical | ||
examiner under this article, including cremation approvals, court | ||
testimonies, consultations, and depositions. | ||
(b) The commissioners court must approve the amount of the | ||
fee before the fee may be assessed. The fee may not exceed the | ||
amount necessary to provide the services described by Subsection | ||
(a). | ||
(c) The fee may not be assessed against the county's | ||
district attorney or a county office. | ||
SECTION 9. Section 31.037, Election Code, is amended to | ||
read as follows: | ||
Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. The | ||
employment of the county elections administrator may be suspended, | ||
with or without pay, or terminated at any time for good and | ||
sufficient cause on the four-fifths vote of the county election | ||
commission and approval of that action by a majority vote of the | ||
commissioners court. | ||
SECTION 10. Subsection (b), Section 203.005, Family Code, | ||
is amended to read as follows: | ||
(b) The first payment of a fee under Subsection (a)(5) | ||
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is ordered to begin child support, alimony, or separate maintenance | ||
payments. Subsequent payments of the fee are due annually and in | ||
advance. | ||
SECTION 11. Subsections (b) and (e), Section 51.318, | ||
Government Code, are amended to read as follows: | ||
(b) The fees are: | ||
(1) for issuing a subpoena, including one copy$8 | ||
(2) for issuing a citation, commission for deposition, | ||
writ of execution, order of sale, writ of execution and order of | ||
sale, writ of injunction, writ of garnishment, writ of attachment, | ||
or writ of sequestration not provided for in Section 51.317, or any | ||
other writ or process not otherwise provided for, including one | ||
copy if required by law$8 | ||
(3) for searching files or records to locate a cause | ||
when the docket number is not provided$5 | ||
(4) for searching files or records to ascertain the | ||
existence of an instrument or record in the district clerk's | ||
office$5 | ||
(5) for abstracting a judgment$8 | ||
(6) for approving a bond$4 | ||
(7) for a certified copy of a record, judgment, order, | ||
pleading, or paper on file or of record in the district clerk's | ||
office, including certificate and seal, for each page or part of a | ||
page not to exceed $1 | ||
(8) for a noncertified copy, for each page or part of a | ||
page not to exceed $1. | ||
(e) The district clerk may not charge [ |
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Immigration and Customs Enforcement or United States Citizenship | ||
and Immigration Services [ |
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of any document on file or of record in the clerk's office relating | ||
to an individual's criminal history, regardless of whether the | ||
document is certified. | ||
SECTION 12. Section 57.002, Government Code, is amended by | ||
adding Subsection (d-1) to read as follows: | ||
(d-1) Subject to Subsection (e), a court in a county to | ||
which Section 21.021, Civil Practice and Remedies Code, applies may | ||
appoint a spoken language interpreter who is not a licensed court | ||
interpreter. | ||
SECTION 13. Section 101.0611, Government Code, is amended | ||
to read as follows: | ||
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT | ||
CODE. The clerk of a district court shall collect fees and costs | ||
under the Government Code as follows: | ||
(1) appellate judicial system filing fees for: | ||
(A) First or Fourteenth Court of Appeals District | ||
(Sec. 22.2021, Government Code) . . . not more than $5; | ||
(B) Second Court of Appeals District (Sec. | ||
22.2031, Government Code) . . . not more than $5; | ||
(C) Third Court of Appeals District (Sec. | ||
22.2041, Government Code) . . . $5; | ||
(D) Fourth Court of Appeals District (Sec. | ||
22.2051, Government Code) . . . not more than $5; | ||
(E) Fifth Court of Appeals District (Sec. | ||
22.2061, Government Code) . . . not more than $5; | ||
(F) Ninth Court of Appeals District (Sec. | ||
22.2101, Government Code) . . . $5; | ||
(G) Eleventh Court of Appeals District (Sec. | ||
22.2121, Government Code) . . . $5; and | ||
(H) Thirteenth Court of Appeals District (Sec. | ||
22.2141, Government Code) . . . not more than $5; | ||
(2) when administering a case for the Rockwall County | ||
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and | ||
court costs as if the case had been filed in district court; | ||
(3) additional filing fees: | ||
(A) for each suit filed for insurance contingency | ||
fund, if authorized by the county commissioners court (Sec. 51.302, | ||
Government Code) . . . not to exceed $5; | ||
(B) to fund the improvement of Dallas County | ||
civil court facilities, if authorized by the county commissioners | ||
court (Sec. 51.705, Government Code) . . . not more than $15; and | ||
(C) to fund the improvement of Hays County court | ||
facilities, if authorized by the county commissioners court (Sec. | ||
51.707, Government Code) . . . not more than $15; | ||
(4) for filing a suit, including an appeal from an | ||
inferior court: | ||
(A) for a suit with 10 or fewer plaintiffs (Sec. | ||
51.317, Government Code) . . . $50; | ||
(B) for a suit with at least 11 but not more than | ||
25 plaintiffs (Sec. 51.317, Government Code) . . . $75; | ||
(C) for a suit with at least 26 but not more than | ||
100 plaintiffs (Sec. 51.317, Government Code) . . . $100; | ||
(D) for a suit with at least 101 but not more than | ||
500 plaintiffs (Sec. 51.317, Government Code) . . . $125; | ||
(E) for a suit with at least 501 but not more than | ||
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or | ||
(F) for a suit with more than 1,000 plaintiffs | ||
(Sec. 51.317, Government Code) . . . $200; | ||
(5) for filing a cross-action, counterclaim, | ||
intervention, contempt action, motion for new trial, or third-party | ||
petition (Sec. 51.317, Government Code) . . . $15; | ||
(6) for issuing a citation or other writ or process not | ||
otherwise provided for, including one copy, when requested at the | ||
time a suit or action is filed (Sec. 51.317, Government Code) . . . | ||
$8; | ||
(7) for records management and preservation (Sec. | ||
51.317, Government Code) . . . $10; | ||
(8) for issuing a subpoena, including one copy (Sec. | ||
51.318, Government Code) . . . $8; | ||
(9) for issuing a citation, commission for deposition, | ||
writ of execution, order of sale, writ of execution and order of | ||
sale, writ of injunction, writ of garnishment, writ of attachment, | ||
or writ of sequestration not provided for in Section 51.317, or any | ||
other writ or process not otherwise provided for, including one | ||
copy if required by law (Sec. 51.318, Government Code) . . . $8; | ||
(10) for searching files or records to locate a cause | ||
when the docket number is not provided (Sec. 51.318, Government | ||
Code) . . . $5; | ||
(11) for searching files or records to ascertain the | ||
existence of an instrument or record in the district clerk's office | ||
(Sec. 51.318, Government Code) . . . $5; | ||
(12) for abstracting a judgment (Sec. 51.318, | ||
Government Code) . . . $8; | ||
(13) for approving a bond (Sec. 51.318, Government | ||
Code) . . . $4; | ||
(14) for a certified copy of a record, judgment, | ||
order, pleading, or paper on file or of record in the district | ||
clerk's office, including certificate and seal, for each page or | ||
part of a page (Sec. 51.318, Government Code) . . . not to exceed | ||
$1; | ||
(15) for a noncertified copy, for each page or part of | ||
a page (Sec. 51.318, Government Code) . . . not to exceed $1; | ||
(16) fee for performing a service: | ||
(A) related to the matter of the estate of a | ||
deceased person (Sec. 51.319, Government Code) . . . the same fee | ||
allowed the county clerk for those services; | ||
(B) related to the matter of a minor (Sec. | ||
51.319, Government Code) . . . the same fee allowed the county | ||
clerk for the service; | ||
(C) of serving process by certified or registered | ||
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or | ||
constable is authorized to charge for the service under Section | ||
118.131, Local Government Code; and | ||
(D) prescribed or authorized by law but for which | ||
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; | ||
(17) jury fee (Sec. 51.604, Government Code) . . . | ||
$30; | ||
(18) additional filing fee for family protection on | ||
filing a suit for dissolution of a marriage under Chapter 6, Family | ||
Code (Sec. 51.961, Government Code) . . . not to exceed $15; | ||
(19) at a hearing held by an associate judge in Dallas | ||
County, a court cost to preserve the record, in the absence of a | ||
court reporter, by other means (Sec. 54.509, Government Code) . . . | ||
as assessed by the referring court or associate judge; and | ||
(20) at a hearing held by an associate judge in Duval | ||
County, a court cost to preserve the record (Sec. 54.1151, | ||
Government Code) . . . as imposed by the referring court or | ||
associate judge. | ||
SECTION 14. Section 551.0415, Government Code, is amended | ||
to read as follows: | ||
Sec. 551.0415. GOVERNING BODY OF MUNICIPALITY OR COUNTY: | ||
REPORTS ABOUT ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION | ||
WILL BE TAKEN. (a) Notwithstanding Sections 551.041 and 551.042, | ||
a quorum of the governing body of a municipality or county may | ||
receive from municipal or county staff and a member of the governing | ||
body may make a report about items of community interest during a | ||
meeting of the governing body without having given notice of the | ||
subject of the report as required by this subchapter if no action is | ||
taken and, except as provided by Section 551.042, possible action | ||
is not discussed regarding the information provided in the report. | ||
(b) For purposes of Subsection (a), "items of community | ||
interest" includes: | ||
(1) expressions of thanks, congratulations, or | ||
condolence; | ||
(2) information regarding holiday schedules; | ||
(3) an honorary or salutary recognition of a public | ||
official, public employee, or other citizen, except that a | ||
discussion regarding a change in the status of a person's public | ||
office or public employment is not an honorary or salutary | ||
recognition for purposes of this subdivision; | ||
(4) a reminder about an upcoming event organized or | ||
sponsored by the governing body; | ||
(5) information regarding a social, ceremonial, or | ||
community event organized or sponsored by an entity other than the | ||
governing body that was attended or is scheduled to be attended by a | ||
member of the governing body or an official or employee of the | ||
municipality or county; and | ||
(6) announcements involving an imminent threat to the | ||
public health and safety of people in the municipality or county | ||
that has arisen after the posting of the agenda. | ||
SECTION 15. Subsection (a), Section 551.0725, Government | ||
Code, is amended to read as follows: | ||
(a) The commissioners court of a county [ |
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business and financial issues relating to a contract being | ||
negotiated if, before conducting the closed meeting: | ||
(1) the commissioners court votes unanimously that | ||
deliberation in an open meeting would have a detrimental effect on | ||
the position of the commissioners court in negotiations with a | ||
third person; and | ||
(2) the attorney advising the commissioners court | ||
issues a written determination that deliberation in an open meeting | ||
would have a detrimental effect on the position of the | ||
commissioners court in negotiations with a third person. | ||
SECTION 16. Subdivision (5), Section 61.002, Health and | ||
Safety Code, is amended to read as follows: | ||
(5) "General revenue levy" means: | ||
(A) the property taxes imposed by a county that | ||
are not dedicated to: | ||
(i) the construction and maintenance of | ||
farm-to-market roads under Article VIII, Section 1-a, Texas | ||
Constitution; | ||
(ii) [ |
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VIII, Section 1-a, [ |
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(iii) [ |
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further maintenance of the public roads under Article VIII, Section | ||
9, [ |
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(iv) the payment of principal or interest | ||
on county debt; and | ||
(B) the sales and use tax revenue to be received | ||
by the county during the calendar year in which the state fiscal | ||
year begins under Chapter 323, Tax Code, as determined under | ||
Section 26.041(d), Tax Code. | ||
SECTION 17. Subsection (a), Section 132.002, Local | ||
Government Code, is amended to read as follows: | ||
(a) The commissioners court of a county may authorize a | ||
county or precinct officer who collects fees, fines, court costs, | ||
or other charges on behalf of the county or the state to accept | ||
payment by credit card or by the electronic processing of checks of | ||
a fee, fine, court costs, or other charge. The commissioners court | ||
may also authorize a county or precinct officer to collect and | ||
retain a fee for processing the payment by credit card or by the | ||
electronic processing of checks. | ||
SECTION 18. Subchapter Z, Chapter 157, Local Government | ||
Code, is amended by adding Section 157.9031 to read as follows: | ||
Sec. 157.9031. AUTHORITY TO REQUIRE REIMBURSEMENT FOR | ||
CERTAIN COVERAGE. A self-insuring county or the intergovernmental | ||
pool operating under Chapter 119, under policies concerning the | ||
provision of coverages adopted by the county's commissioners court | ||
or the pool's governing body, may require reimbursement for the | ||
provision of punitive damage coverage from a person to whom the | ||
county or intergovernmental pool provides coverage. | ||
SECTION 19. Subsections (b) and (f), Section 270.007, Local | ||
Government Code, are amended to read as follows: | ||
(b) A [ |
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the application or system. If the original contract for | ||
development of the application or system under Subsection (a) does | ||
not include a provision for marketing the application or system, a | ||
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compliance with Section 262.030, [ |
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concerning the alternative competitive procedure for insurance or | ||
high technology items. | ||
(f) Except as provided by Subsection (b), [ |
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this section for a price negotiated between the county and the | ||
purchaser or licensee, including another governmental entity | ||
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SECTION 20. Subsection (e), Section 352.081, Local | ||
Government Code, is amended to read as follows: | ||
(e) An order adopted under this section expires, as | ||
applicable, on the date: | ||
(1) a determination is made under Subsection (b) that | ||
drought conditions no longer exist; or | ||
(2) a determination is made by the commissioners | ||
court, or the county judge or fire marshal if designated for that | ||
purpose by the commissioners court, that the circumstances | ||
identified under Subsection (c)(2) no longer exist. | ||
SECTION 21. Section 387.003, Local Government Code, is | ||
amended by amending Subsections (a), (b), (b-1), (c), (e), (f), and | ||
(h) and adding Subsections (a-1), (i), and (j) to read as follows: | ||
(a) The commissioners court of the county may call an | ||
election on the question of creating a county assistance district | ||
under this chapter. More than one county assistance district may be | ||
created in a county, but not more than one district may be created | ||
in a commissioners precinct. | ||
(a-1) A district may [ |
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the district: | ||
(1) the construction, maintenance, or improvement of | ||
roads or highways; | ||
(2) the provision of law enforcement and detention | ||
services; | ||
(3) the maintenance or improvement of libraries, | ||
museums, parks, or other recreational facilities; | ||
(4) the provision of services that benefit the public | ||
health or welfare, including the provision of firefighting and fire | ||
prevention services; or | ||
(5) the promotion of economic development and tourism. | ||
(b) The order calling the election must: | ||
(1) define the boundaries of the district to include | ||
any portion of the county in which the combined tax rate of all | ||
local sales and use taxes imposed, including the rate to be imposed | ||
by the district if approved at the election, would not exceed the | ||
maximum combined rate of sales and use taxes imposed by political | ||
subdivisions of this state that is prescribed by Sections 321.101 | ||
and 323.101, Tax Code [ |
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(2) call for the election to be held within those | ||
boundaries. | ||
(b-1) If the proposed district includes any territory of a | ||
municipality, the commissioners court shall send notice by | ||
certified mail to the governing body of the municipality of the | ||
commissioners court's intent to create the district. If the | ||
municipality has created a development corporation under Chapter | ||
504 or 505, the commissioners court shall also send the notice to | ||
the board of directors of the corporation. The commissioners court | ||
must send the notice not later than the 60th day before the date the | ||
commissioners court orders the election. The governing body of the | ||
municipality may exclude the territory of the municipality from the | ||
proposed district by sending notice by certified mail to the | ||
commissioners court of the governing body's desire to exclude the | ||
municipal territory from the district. The governing body must | ||
send the notice not later than the 45th day after the date the | ||
governing body receives notice from the commissioners court under | ||
this subsection. The territory of a municipality that is excluded | ||
under this subsection may subsequently be included in: | ||
(1) the district in an election held under Subsection | ||
(f) with the consent of the municipality; or | ||
(2) another district after complying with the | ||
requirements of this subsection and after an election under | ||
Subsection (f). | ||
(c) The ballot at the election must be printed to permit | ||
voting for or against the proposition: "Authorizing the creation | ||
of the ____ County Assistance District No.___ (insert name of | ||
district) and the imposition of a sales and use tax at the rate of | ||
____ [ |
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of financing the operations of the district." | ||
(e) If a majority of the votes received at the election are | ||
against the creation of the district, the district is not created | ||
and the county at any time may call one or more elections [ |
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assistance districts [ |
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(f) The commissioners court may call an election to be held | ||
in an area of the county that is not located in a district created | ||
under this section to determine whether the area should be included | ||
in the district and whether the district's sales and use tax should | ||
be imposed in the area. An election may not be held in an area in | ||
which the combined tax rate of all local sales and use taxes | ||
imposed, including the rate to be imposed by the district if | ||
approved at the election, would exceed the maximum combined rate of | ||
sales and use taxes imposed by political subdivisions of this state | ||
that is prescribed by Sections 321.101 and 323.101, Tax Code [ |
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(h) If more than one election to authorize a local sales and | ||
use tax is held on the same day in the area of a proposed district or | ||
an area proposed to be added to a district and if the resulting | ||
approval by the voters would cause the imposition of a local sales | ||
and use tax in any area to exceed the maximum combined rate of sales | ||
and use taxes of political subdivisions of this state that is | ||
prescribed by Sections 321.101 and 323.101, Tax Code [ |
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only a tax authorized at an election under this section may be | ||
imposed. | ||
(i) In addition to the authority to include an area in a | ||
district under Subsection (f), the governing body of a district by | ||
order may include an area in the district on receipt of a petition | ||
or petitions signed by the owner or owners of the majority of the | ||
land in the area to be included in the district. If there are no | ||
registered voters in the area to be included in the district, no | ||
election is required. | ||
(j) The commissioners court by order may exclude an area | ||
from the district if the district has no outstanding bonds payable | ||
wholly or partly from sales and use taxes and the exclusion does not | ||
impair any outstanding district debt or contractual obligation. | ||
SECTION 22. Section 387.005, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 387.005. GOVERNING BODY. (a) The commissioners court | ||
of the county in which the district is created by order shall | ||
provide that: | ||
(1) the commissioners court is the governing body of | ||
the district; or | ||
(2) the commissioners court shall appoint a governing | ||
body of the district. | ||
(b) A member of the governing body of the district | ||
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reimbursement for actual and necessary expenses. | ||
(c) A board of directors appointed by the commissioners | ||
court under this section shall consist of five directors who serve | ||
staggered terms of two years. To be eligible to serve as a | ||
director, a person must be at least 18 years of age and a resident of | ||
the county in which the district is located. The initial directors | ||
shall draw lots to achieve staggered terms, with three of the | ||
directors serving one-year terms and two of the directors serving | ||
two-year terms. | ||
SECTION 23. Subsection (a), Section 387.006, Local | ||
Government Code, is amended to read as follows: | ||
(a) A district may: | ||
(1) perform any act necessary to the full exercise of | ||
the district's functions; | ||
(2) accept a grant or loan from: | ||
(A) the United States; | ||
(B) an agency or political subdivision of this | ||
state; or | ||
(C) a public or private person; | ||
(3) acquire, sell, lease, convey, or otherwise dispose | ||
of property or an interest in property under terms determined by the | ||
district; | ||
(4) employ necessary personnel; [ |
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(5) adopt rules to govern the operation of the | ||
district and its employees and property; and | ||
(6) enter into agreements with municipalities | ||
necessary or convenient to achieve the district's purposes, | ||
including agreements regarding the duration, rate, and allocation | ||
between the district and the municipality of sales and use taxes. | ||
SECTION 24. Subsection (b), Section 387.007, Local | ||
Government Code, is amended to read as follows: | ||
(b) A district may not adopt a sales and use tax under this | ||
chapter if the adoption of the tax would result in a combined tax | ||
rate of all local sales and use taxes that would exceed the maximum | ||
combined rate prescribed by Sections 321.101 and 323.101, Tax Code, | ||
[ |
||
SECTION 25. Section 387.009, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 387.009. TAX RATE. The rate of a tax adopted under | ||
this chapter must be in increments of one-eighth[ |
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SECTION 26. Subsections (a), (b), and (c), Section 387.010, | ||
Local Government Code, are amended to read as follows: | ||
(a) A district that has adopted a sales and use tax under | ||
this chapter may, by order and subject to Section 387.007(b): | ||
(1) reduce[ |
||
tax without an election, except that the district may not repeal the | ||
sales and use tax or reduce the rate of the sales and use tax below | ||
the amount pledged to secure payment of an outstanding district | ||
debt or contractual obligation; | ||
(2) increase the rate of the sales and use tax, if the | ||
increased rate of the sales and use tax will not exceed the rate | ||
approved at an election held under Section 387.003; or | ||
(3) increase the rate of the sales and use tax to a | ||
rate that exceeds the rate approved at an election held under | ||
Section 387.003 after [ |
||
approved by a majority of the votes received in the district at an | ||
election held for that purpose. | ||
(b) The tax may be changed under Subsection (a) in one or | ||
more increments of one-eighth of one percent [ |
||
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(c) The ballot for an election to increase [ |
||
shall be printed to permit voting for or against the proposition: | ||
"The increase [ |
||
Assistance District No. ___ (insert name of district) from the rate | ||
of ____ [ |
||
|
||
(insert [ |
||
rate)." | ||
SECTION 27. Section 387.012, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 387.012. EFFECTIVE DATE OF TAX. The adoption of the | ||
tax, the increase or reduction [ |
||
repeal of the tax takes effect on the first day of the first | ||
calendar quarter occurring after the expiration of the first | ||
complete quarter occurring after the date the comptroller receives | ||
a copy of the order of the district's governing body [ |
||
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||
[ |
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SECTION 28. Chapter 51, Property Code, is amended by adding | ||
Section 51.0022 to read as follows: | ||
Sec. 51.0022. FORECLOSURE DATA COLLECTION. (a) In this | ||
section, "department" means the Texas Department of Housing and | ||
Community Affairs. | ||
(b) A person filing a notice of sale of residential property | ||
under Section 51.002(b) must submit to the county clerk a completed | ||
form that provides the zip code for the property. | ||
(c) On completion of a sale of real property, the trustee or | ||
sheriff shall submit to the county clerk a completed form that | ||
contains information on whether the property is residential and the | ||
zip code of the property. | ||
(d) Not later than the 30th day after the date of receipt of | ||
a form under this section, the county clerk shall transmit the form | ||
to the department. | ||
(e) The board of the department shall prescribe the forms | ||
required under this section. The forms may only request | ||
information on whether the property is residential and the zip code | ||
of the property. | ||
(f) The department shall report the information received | ||
under this section quarterly to the legislature in a format | ||
established by the board of the department by rule. | ||
SECTION 29. Sections 86.022 and 112.008 and Subsection | ||
(d), Section 387.010, Local Government Code, are repealed. | ||
SECTION 30. (a) Subsection (a), Article 20.011, and | ||
Subsection (b), Article 20.02, Code of Criminal Procedure, as | ||
amended by this Act, and Article 20.151, Code of Criminal | ||
Procedure, as added by this Act, apply only to testimony before a | ||
grand jury that is impaneled on or after the effective date of this | ||
Act. | ||
(b) Article 27.18, Code of Criminal Procedure, as amended by | ||
this Act, applies to a plea of guilty or nolo contendere entered on | ||
or after the effective date of this Act, regardless of whether the | ||
offense with reference to which the plea is entered is committed | ||
before, on, or after that date. | ||
(c) Article 38.073, Code of Criminal Procedure, as amended | ||
by this Act, applies only to the testimony of an inmate witness that | ||
is taken on or after the effective date of this Act. | ||
(d) Section 13A, Article 49.25, Code of Criminal Procedure, | ||
as added by this Act, applies only to a service provided by a | ||
medical examiner's office on or after the effective date of this | ||
Act. A service provided before the effective date of this Act is | ||
covered by the law in effect on the date the service was provided, | ||
and the former law is continued in effect for that purpose. | ||
(e) Subsection (b), Section 51.318, and Section 101.0611, | ||
Government Code, as amended by this Act, apply only to a request for | ||
a certified copy of a record, judgment, order, pleading, or paper on | ||
file or of record in the district clerk's office, including | ||
certificate and seal, made on or after the effective date of this | ||
Act. A request made before the effective date of this Act is | ||
covered by the law in effect when the request was made, and the | ||
former law is continued in effect for that purpose. | ||
(f) Subsection (d-1), Section 57.002, Government Code, as | ||
added by this Act, applies only to the appointment of a court | ||
interpreter under Chapter 57, Government Code, as amended by this | ||
Act, on or after the effective date of this Act. The appointment of | ||
a court interpreter before the effective date of this Act is | ||
governed by the law in effect when the interpreter was appointed, | ||
and the former law is continued in effect for that purpose. | ||
(g) Subsection (a), Section 551.0725, Government Code, as | ||
amended by this Act, applies only to a meeting held on or after the | ||
effective date of this Act. A meeting held before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
meeting is held, and the former law is continued in effect for that | ||
purpose. | ||
(h) Subsections (b) and (f), Section 270.007, Local | ||
Government Code, as amended by this Act, apply only to a contract | ||
entered into on or after the effective date of this Act. A contract | ||
entered into before the effective date of this Act is governed by | ||
the law in effect when the contract was entered into, and the former | ||
law is continued in effect for that purpose. | ||
(i) The board of the Texas Department of Housing and | ||
Community Affairs shall adopt the forms and rules required by | ||
Section 51.0022, Property Code, as added by this Act, not later than | ||
January 1, 2012. | ||
(j) The change in law made by Section 51.0022, Property | ||
Code, as added by this Act, applies only to a notice of sale filed on | ||
or after January 1, 2012. A notice of sale filed before January 1, | ||
2012, is governed by the law in effect immediately before the | ||
effective date of this Act, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 31. 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, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1233 passed the Senate on | ||
April 21, 2011, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 27, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1233 passed the House, with | ||
amendments, on May 23, 2011, by the following vote: Yeas 142, | ||
Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |