Texas 2015 - 84th Regular

Texas House Bill HB2883 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Simmons (Senate Sponsor - Nelson) H.B. No. 2883
2		-	(In the Senate - Received from the House May 6, 2015;
3		-	May 7, 2015, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 22, 2015, reported favorably by
5		-	the following vote: Yeas 7, Nays 0; May 22, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2883
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the addition of territory to a crime control and
12	6		prevention district and to a fire control, prevention, and
13	7		emergency medical services district.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Chapter 344, Local Government Code, is amended
16	10		by adding Subchapter D-1 to read as follows:
17	11		SUBCHAPTER D-1. ADDITION OF TERRITORY TO DISTRICT
18	12		Sec. 344.181. ELECTION REQUIRED. The municipality that
19	13		created a district may add all or part of the territory in the
20	14		municipality's extraterritorial jurisdiction to the district and
21	15		the district may impose a tax in that territory only if the addition
22	16		of the territory and the imposition of the tax are approved by a
23	17		majority of the qualified voters of the territory to be added voting
24	18		at an election held for that purpose.
25	19		Sec. 344.182. CONFIRMATION ELECTION ORDER. (a) The board
26	20		may not call and hold a confirmation election until the board adopts
27	21		a budget plan and a fire control, prevention, and emergency medical
28	22		services plan under Section 344.061 that include the proposed
29	23		addition of territory.
30	24		(b) An order calling an election under Subsection (a) must
31	25		state:
32	26		(1) the nature of the election, including the
33	27		proposition that is to appear on the ballot;
34	28		(2) the date of the election;
35	29		(3) the hours during which the polls will be open;
36	30		(4) the location of the polling places;
37	31		(5) a summary of the district's budget plan and fire
38	32		control, prevention, and emergency medical services plan that
39	33		includes the proposed addition of territory; and
40	34		(6) the proposed rate of the sales and use tax to be
41	35		imposed in the territory to be added.
42	36		Sec. 344.183. NOTICE OF ELECTION. In addition to the notice
43	37		required by Section 4.003(c), Election Code, the board shall give
44	38		notice of an election to add territory to the district by publishing
45	39		a substantial copy of the election order in a newspaper with general
46	40		circulation in the territory to be added once a week for two
47	41		consecutive weeks. The first publication must appear before the
48	42		35th day before the date set for the election.
49	43		Sec. 344.184. BALLOT PROPOSITION. The ballot for an
50	44		election to add territory to a district shall be printed to permit
51	45		voting for or against the proposition: "The addition of ______
52	46		(description of territory to be added) to the ______ (name of the
53	47		municipality that created the district) Fire Control, Prevention,
54	48		and Emergency Medical Services District dedicated to fire safety
55	49		and emergency medical services programs and the adoption of a
56	50		proposed local sales and use tax in the territory to be added at a
57	51		rate of _______ (rate specified in the election order)."
58	52		Sec. 344.185. ELECTION RESULTS. (a) If a majority of the
59	53		votes cast in the election favor the addition of the territory to
60	54		the district, the board shall issue an order declaring the
61	55		territory added to the boundaries of the district.
62	56		(b) If a majority of the votes cast in the election do not
63	57		favor the addition of the territory to the district, the board may
64	58		not order another election on the matter before the first
65	59		anniversary of the date of the most recent election.
66	60		(c) The provisions of Section 321.102, Tax Code, governing
67	61		the application of a municipal sales and use tax in the event of a
68	62		change in the boundaries of a municipality apply to the application
69	63		of a tax imposed under this chapter to territory added under this
70	64		subchapter.
71	65		SECTION 2. Chapter 363, Local Government Code, is amended
72	66		by adding Subchapter D-1 to read as follows:
73	67		SUBCHAPTER D-1. ADDITION OF TERRITORY TO DISTRICT
74	68		Sec. 363.181. ELECTION REQUIRED. The governing body that
75	69		created a district may add all or part of the territory in the
76	70		political subdivision governed by that body to the district and the
77	71		district may impose a tax in that territory only if the addition of
78	72		the territory and the imposition of the tax are approved by a
79	73		majority of the qualified voters of the territory to be added voting
80	74		at an election held for that purpose.
81	75		Sec. 363.182. ELECTION ORDER. (a) After a majority of the
82	76		board has approved a budget plan and a crime control plan in
83	77		accordance with Section 363.061 that include the proposed addition
84	78		of territory, a majority of the board may order that an additional
85	79		election be held.
86	80		(b) An order calling an election under Subsection (a) must
87	81		state:
88	82		(1) the nature of the election, including the
89	83		proposition that is to appear on the ballot;
90	84		(2) the date of the election;
91	85		(3) the hours during which the polls will be open;
92	86		(4) the location of the polling places;
93	87		(5) in summary form, the approved budget plan and
94	88		crime control plan that include the proposed addition of territory;
95	89		and
96	90		(6) the proposed rate of the sales and use tax to be
97	91		imposed in the territory to be added.
98	92		Sec. 363.183. NOTICE OF ELECTION. In addition to the notice
99	93		required by Section 4.003(c), Election Code, the board shall give
100	94		notice of an election to add territory to the district by publishing
101	95		a substantial copy of the election order in a newspaper with general
102	96		circulation in the territory to be added once a week for two
103	97		consecutive weeks. The first publication must appear before the
104	98		35th day before the date set for the election.
105	99		Sec. 363.184. BALLOT PROPOSITION. The ballot for an
106	100		election to add territory to a district shall be printed to permit
107	101		voting for or against the proposition: "The addition of ________
108	102		(description of territory to be added) to the ________ (name of the
109	103		political subdivision that created the district) Crime Control and
110	104		Prevention District dedicated to crime reduction programs and the
111	105		adoption of a proposed local sales and use tax in the territory to
112	106		be added at a rate of ______ (rate specified in the election
113	107		order)."
114	108		Sec. 363.185. ELECTION RESULTS. (a) If a majority of the
115	109		votes cast in the election favor the addition of the territory to
116	110		the district, the board shall issue an order declaring the
117	111		territory added to the boundaries of the district.
118	112		(b) If a majority of the votes cast in the election do not
119	113		favor the addition of territory to the district, the board may not
120	114		order another election on the matter before the first anniversary
121	115		of the date of the most recent election.
122	116		(c) The provisions of Section 321.102, Tax Code, governing
123	117		the application of a municipal sales and use tax in the event of a
124	118		change in the boundaries of a municipality apply to the application
125	119		of a tax imposed under this chapter to territory added under this
126	120		subchapter.
127	121		SECTION 3. This Act takes effect immediately if it receives
128	122		a vote of two-thirds of all the members elected to each house, as
129	123		provided by Section 39, Article III, Texas Constitution. If this
130	124		Act does not receive the vote necessary for immediate effect, this
131	125		Act takes effect September 1, 2015.
132		-	* * * * *
	126	+	______________________________ ______________________________
	127	+	President of the Senate Speaker of the House
	128	+	I certify that H.B. No. 2883 was passed by the House on May 5,
	129	+	2015, by the following vote: Yeas 142, Nays 3, 2 present, not
	130	+	voting.
	131	+	______________________________
	132	+	Chief Clerk of the House
	133	+	I certify that H.B. No. 2883 was passed by the Senate on May
	134	+	27, 2015, by the following vote: Yeas 31, Nays 0.
	135	+	______________________________
	136	+	Secretary of the Senate
	137	+	APPROVED: _____________________
	138	+	Date
	139	+	_____________________
	140	+	Governor