reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 336 - Multi-Jurisdictional Library Districts › Subchapter G. Taxes › Section 336.252. Imposition, Computation, Administration, and Governance of Sales Tax

Sec. 336.252.  IMPOSITION, COMPUTATION, ADMINISTRATION, AND GOVERNANCE OF SALES TAX.  (a)  A district may impose a sales and use tax.
(b)  Chapter 323, Tax Code, to the extent not inconsistent with this chapter, governs the imposition, computation, administration, and governance of the sales and use tax under this subchapter, except that Sections 323.101, 323.105, 323.404, and 323.406-323.408, Tax Code, do not apply.
(c)  Chapter 323, Tax Code, does not apply to the use and allocation of revenue under this chapter.
(d)  In applying the procedures under Chapter 323, Tax Code, to the district, the district's name shall be substituted for "the county," and "board of trustees" is substituted for "commissioners court."
Added by Acts 2005, 79th Leg., Ch. 883 (S.B. 1205), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 336 - Multi-Jurisdictional Library Districts › Subchapter G. Taxes › Section 336.253. Sales and Use Tax Rates

Sec. 336.253.  SALES AND USE TAX RATES.  The permissible rates for a sales and use tax imposed under this chapter are one-eighth of one percent, one-fourth of one percent, three-eighths of one percent, and one-half of one percent.
Added by Acts 2005, 79th Leg., Ch. 883 (S.B. 1205), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 336 - Multi-Jurisdictional Library Districts › Subchapter G. Taxes › Section 336.254. Abolition of or Change in Ad Valorem Tax Rate

Sec. 336.254.  ABOLITION OF OR CHANGE IN AD VALOREM TAX RATE.  (a)  The board by order may decrease or abolish the ad valorem tax rate or may call an election to increase, decrease, or abolish the ad valorem tax rate.  In an election under this subsection and except as provided by Subsection (b), the board shall use the procedures for a tax election under Subchapter B.
(b)  At the election, the ballot shall be printed to permit voting for or against the proposition:  "The increase (decrease) in the ad valorem tax rate of _________ (name of district) to a rate up to ___________ (rate of tax) cents per $100 valuation of taxable property to be used for district purposes" or "The abolition of the district ad valorem tax."  The increase or decrease in the tax rate, or the abolition of the tax, is effective if it is approved by a majority of the votes cast.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1148, Sec. 11(4), eff. June 15, 2007.
Added by Acts 2005, 79th Leg., Ch. 883 (S.B. 1205), Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1148 (S.B. 940), Sec. 9, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1148 (S.B. 940), Sec. 11(4), eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 336 - Multi-Jurisdictional Library Districts › Subchapter G. Taxes › Section 336.255. Use of Tax

Sec. 336.255.  USE OF TAX.  A tax collected under this subchapter may be used only for a district purpose and may be pledged as collateral for borrowing money to further those purposes.
Added by Acts 2005, 79th Leg., Ch. 883 (S.B. 1205), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 336 - Multi-Jurisdictional Library Districts › Subchapter H. Bonds › Section 336.301. Definition

Sec. 336.301.  DEFINITION.  In this subchapter, "bond" includes a note.
Added by Acts 2005, 79th Leg., Ch. 883 (S.B. 1205), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 336 - Multi-Jurisdictional Library Districts › Subchapter H. Bonds › Section 336.302. General Power to Issue Bonds

Sec. 336.302.  GENERAL POWER TO ISSUE BONDS.  (a)  A district may issue bonds at any time and for any amount it considers necessary or appropriate to acquire, construct, equip, or improve district facilities.
(b)  The board by resolution may authorize the issuance of bonds payable solely from revenue.
Added by Acts 2005, 79th Leg., Ch. 883 (S.B. 1205), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 336 - Multi-Jurisdictional Library Districts › Subchapter H. Bonds › Section 336.303. Lead Governmental Entity's Consent Required

Sec. 336.303.  LEAD GOVERNMENTAL ENTITY'S CONSENT REQUIRED.  The district may not issue bonds under this subchapter unless the lead governmental entity's governing body by resolution consents to the issuance.
Added by Acts 2005, 79th Leg., Ch. 883 (S.B. 1205), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 336 - Multi-Jurisdictional Library Districts › Subchapter H. Bonds › Section 336.304. Short-Term Bonds

Sec. 336.304.  SHORT-TERM BONDS.  (a)  The board by resolution may issue bonds that are secured by revenue or taxes of the district if the bonds:
(1)  have a term of not more than 12 months; and
(2)  are payable only from revenue or taxes received on or after the date of their issuance and before the end of the fiscal year following the fiscal year in which the bonds are issued.
(b)  Approval by the attorney general or registration with the comptroller is not required for a bond issued under this section.
(c)  An election is not required to issue bonds under this section.
Added by Acts 2005, 79th Leg., Ch. 883 (S.B. 1205), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 336 - Multi-Jurisdictional Library Districts › Subchapter H. Bonds › Section 336.305. Election Required for Certain Bonds Secured by Taxes

Sec. 336.305.  ELECTION REQUIRED FOR CERTAIN BONDS SECURED BY TAXES.  Except for short-term bonds issued under Section 336.304, bonds payable wholly or partly from taxes may not be issued unless authorized by a majority of the votes received in an election held for that purpose.
Added by Acts 2005, 79th Leg., Ch. 883 (S.B. 1205), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 336 - Multi-Jurisdictional Library Districts › Subchapter H. Bonds › Section 336.306. Security Pledged

Sec. 336.306.  SECURITY PLEDGED.  (a)  To secure the payment of a district's bonds, the district may:
(1)  pledge all or part of revenue realized from any tax that the district may impose;
(2)  pledge all or part of revenue from library facilities; or
(3)  mortgage all or part of the district's facilities, including any part of the facilities subsequently acquired.
(b)  A district may, subject to the terms of the bond indenture or the resolution authorizing the issuance of the bonds, secure payment of district bonds by encumbering a separate item of the district facilities and may acquire, use, hold, or contract for the property by lease, chattel mortgage, or other conditional sale.
(c)  This subchapter does not prohibit a district from encumbering one or more library facilities to purchase, construct, or improve one or more other district facilities.
Added by Acts 2005, 79th Leg., Ch. 883 (S.B. 1205), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 336 - Multi-Jurisdictional Library Districts › Subchapter H. Bonds › Section 336.307. Lien on Revenue

Sec. 336.307.  LIEN ON REVENUE.  The expense of operation and maintenance of library facilities, including salaries, labor, materials, and repairs necessary to provide efficient service, and every other proper item of expense are a first lien and charge against the revenue of a district encumbered under this chapter.
Added by Acts 2005, 79th Leg., Ch. 883 (S.B. 1205), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 336 - Multi-Jurisdictional Library Districts › Subchapter H. Bonds › Section 336.308. Exchange of Bonds for Existing Library Facilities

Sec. 336.308.  EXCHANGE OF BONDS FOR EXISTING LIBRARY FACILITIES.  A district's revenue bonds may be exchanged, in lieu of cash, for the property of all or part of existing library facilities to be acquired by the district.
Added by Acts 2005, 79th Leg., Ch. 883 (S.B. 1205), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 336 - Multi-Jurisdictional Library Districts › Subchapter H. Bonds › Section 336.309. Governmental Entities Not Responsible for District Obligations

Sec. 336.309.  GOVERNMENTAL ENTITIES NOT RESPONSIBLE FOR DISTRICT OBLIGATIONS.  A governmental entity, other than the district, is not required to pay a bond or other district obligation.
Added by Acts 2005, 79th Leg., Ch. 883 (S.B. 1205), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 336 - Multi-Jurisdictional Library Districts › Subchapter I. Dissolution › Section 336.351. Procedure for Dissolution

Sec. 336.351.  PROCEDURE FOR DISSOLUTION.  (a)  The board by resolution may dissolve a district if the governing body of the lead governmental entity by resolution consents to the dissolution.
(b)  If the district has debt, including any outstanding bonds, the district shall remain in existence for the sole purpose of paying its debt and transferring any remaining assets.  The board shall transfer to the lead governmental entity any assets that remain after satisfaction of all debt.
(c)  After the debt is paid and the assets are transferred, the district is dissolved.
Added by Acts 2005, 79th Leg., Ch. 883 (S.B. 1205), Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1148 (S.B. 940), Sec. 10, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 337 - Cultural Education Facilities Finance Corporation › Subchapter A. General Provisions › Section 337.001. Short Title

Sec. 337.001.  SHORT TITLE.  This chapter may be cited as the Cultural Education Facilities Finance Corporation Act.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.004(a), eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 337 - Cultural Education Facilities Finance Corporation › Subchapter A. General Provisions › Section 337.003. Construction

Sec. 337.003.  CONSTRUCTION.  (a)  This chapter shall be liberally construed to carry out the intention of the legislature.
(b)  If this chapter conflicts with a provision of another law, this chapter prevails.
(c)  It is the intent of the legislature that a corporation authorized under this chapter is a public corporation, constituted authority, and instrumentality authorized to issue bonds on behalf of the municipality or county on behalf of which the corporation is created, all within the meaning of Section 103, Internal Revenue Code of 1986, and the regulations adopted and rulings issued under that section, and this chapter shall be construed accordingly.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.004(a), eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 337 - Cultural Education Facilities Finance Corporation › Subchapter A. General Provisions › Section 337.005. Adoption of Alternate Procedure

Sec. 337.005.  ADOPTION OF ALTERNATE PROCEDURE.  If a procedure under this chapter is held by a court to be unconstitutional, a corporation by resolution may provide an alternate procedure conforming to the constitution.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.004(a), eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 337 - Cultural Education Facilities Finance Corporation › Subchapter B. Creation and Operation of Corporation › Section 337.011. Authority to Create

Sec. 337.011.  AUTHORITY TO CREATE.  (a)  A municipality or county may create a nonmember, nonstock, public, cultural educational facilities finance corporation for the sole purpose of acquiring, constructing, providing, improving, financing, and refinancing cultural facilities for the public purposes stated in this chapter.
(b)  The municipality or county shall create and organize the corporation in the same manner as a health facilities development corporation is created and organized under Chapter 221, Health and Safety Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.004(a), eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 337 - Cultural Education Facilities Finance Corporation › Subchapter B. Creation and Operation of Corporation › Section 337.012. General Powers

Sec. 337.012.  GENERAL POWERS.  (a)  A corporation has the same powers, authority, and rights:
(1)  with respect to cultural facilities and health facilities that a health facilities development corporation has with respect to health facilities under Chapter 221, Health and Safety Code; and
(2)  with respect to educational facilities, housing facilities, and other facilities incidental, subordinate, or related to those facilities that a nonprofit corporation created under Section 53.35(b), Education Code, or an authority created under Section 53.11, Education Code, has under Chapter 53, Education Code.
(b)  Except as provided by this chapter, a corporation has the same rights and powers as a corporation organized under the former Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) or formed under the Texas Nonprofit Corporation Law, as described by Section 1.008(d), Business Organizations Code.
(c)  The powers of a corporation under Subsection (a) include the power to:
(1)  acquire, purchase, lease, mortgage, and convey property with respect to a facility;
(2)  borrow money by issuing bonds, notes, and other obligations;
(3)  lend money for the corporation's corporate purposes;
(4)  invest and reinvest the corporation's funds; and
(5)  secure the corporation's bonds, notes, and obligations by mortgaging, pledging, assigning, or otherwise encumbering the corporation's property or assets.
(d)  Except as otherwise provided by this chapter, any bonds, notes, or other obligations authorized under Subsection (c) must be issued in accordance with Chapter 1201, Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.004(a), eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 337 - Cultural Education Facilities Finance Corporation › Subchapter B. Creation and Operation of Corporation › Section 337.013. Scope of Authority

Sec. 337.013.  SCOPE OF AUTHORITY.  (a)  Notwithstanding any provision of Chapter 221, Health and Safety Code, or Chapter 53, Education Code, a corporation may exercise:
(1)  the authority of the corporation inside or outside the limits of:
(A)  the municipality that created the corporation if the municipality is located in a county with a population of more than 300,000; or
(B)  the county that created the corporation if the county has a population of more than 300,000; and
(2)  the powers of the corporation on behalf of a user outside of this state if the user also conducts lawful activities in this state.
(b)  A corporation may exercise the authority of the corporation without the consent or other action of any person that would otherwise be required under Chapter 221, Health and Safety Code, or Chapter 53, Education Code, unless the articles of incorporation or bylaws of the corporation provide differently.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.004(a), eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 337 - Cultural Education Facilities Finance Corporation › Subchapter B. Creation and Operation of Corporation › Section 337.014. Limitation on Authority

Sec. 337.014.  LIMITATION ON AUTHORITY.  The authority of a corporation may not preempt the police powers of any sponsoring entity or any other laws regulating or empowering sponsoring entities to regulate the activities of the corporation.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.004(a), eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle C - Parks and Other Recreational and Cultural Resources Provisions Applying to More Than One Type of Local Government › Chapter 337 - Cultural Education Facilities Finance Corporation › Subchapter B. Creation and Operation of Corporation › Section 337.015. Limitation on Corporate Purposes

Sec. 337.015.  LIMITATION ON CORPORATE PURPOSES.  (a)  A municipality or county that creates a corporation may limit the corporation's purposes in the proceedings directing the creation of the corporation by prohibiting the corporation from financing particular types of cultural facilities, including a cultural facility to be used for a purpose specified in the proceedings.
(b)  As a condition of providing financing, a corporation may restrict a person receiving financing from using a cultural facility for a particular purpose.
(c)  A restriction imposed by a municipality or county on a corporation may be enforced by the governing body of the sponsoring entity by injunction or mandamus.
(d)  A violation of a restriction by a corporation may not impair the validity of an obligation incurred by the corporation.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.004(a), eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 341 - Municipal Law Enforcement › Subchapter A. Regular Police Force › Section 341.001. Police Force of Type a General-Law Municipality

Sec. 341.001.  POLICE FORCE OF TYPE A GENERAL-LAW MUNICIPALITY.  (a)  The governing body of a Type A general-law municipality may establish and regulate a municipal police force.
(b)  The governing body by ordinance may provide for the appointment of police officers the governing body considers necessary and for the terms of office and qualifications of the officers.
(c)  The governing body by ordinance may provide that the police officers serve at the pleasure of the governing body.
(d)  Each police officer shall execute a bond as the governing body may require.  The bond must be conditioned that the officer will faithfully perform the officer's duties.
(e)  A police officer has:
(1)  the powers, rights, duties, and jurisdiction granted to or imposed on a peace officer by the Code of Criminal Procedure;  and
(2)  other powers and duties prescribed by the governing body.
(f)  A police officer may serve in each county in which the municipality is located all process issued by a municipal court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 829, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 341 - Municipal Law Enforcement › Subchapter A. Regular Police Force › Section 341.002. Police Force of Type C General-Law Municipality

Sec. 341.002.  POLICE FORCE OF TYPE C GENERAL-LAW MUNICIPALITY.  The governing body of a Type C general-law municipality may appoint police officers that the governing body considers necessary and may define the duties of the officers.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 341 - Municipal Law Enforcement › Subchapter A. Regular Police Force › Section 341.003. Police Force of Home-Rule Municipality

Sec. 341.003.  POLICE FORCE OF HOME-RULE MUNICIPALITY.  A home-rule municipality may provide for a police department.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 341 - Municipal Law Enforcement › Subchapter B. Other Police Forces › Section 341.011. Special Police Force in Type a General-Law Municipality

Sec. 341.011.  SPECIAL POLICE FORCE IN TYPE A GENERAL-LAW MUNICIPALITY.  (a)  The mayor of a Type A general-law municipality shall summon as many residents as the mayor considers necessary to serve as a special police force if the mayor considers the force necessary:
(1)  to enforce the municipality's laws, avert danger, or protect life or property;
(2)  because of riot, outbreak, calamity, or public disturbance;  or
(3)  because of threat of serious violation of law or order, of outbreak, or of other danger to the municipality or its inhabitants.
(b)  The mayor may issue the summons by:
(1)  proclamation or other order addressed to the residents of the municipality generally or to the residents of a ward or other subdivision of the municipality;  or
(2)  personal notice.
(c)  A special police force has the powers of the regular police force of the municipality.
(d)  A special police force is subject to the orders of the mayor and shall perform the duties required by the mayor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 341 - Municipal Law Enforcement › Subchapter C. Marshals › Section 341.021. Marshal of Type a General-Law Municipality

Sec. 341.021.  MARSHAL OF TYPE A GENERAL-LAW MUNICIPALITY.  (a)  The marshal of a Type A general-law municipality is the ex officio chief of police.
(b)  The marshal may appoint one or more deputies.  The appointment of a deputy must be approved by the governing body of the municipality.
(c)  The marshal or a deputy marshal shall be available to the municipal court when it is in session and shall promptly and faithfully execute writs and process issued by the court.  The marshal may execute writs and serve process within each county in which the municipality is located, both inside and outside the municipal boundaries.
(d)  The marshal may take suitable and sufficient bail for the appearance before the municipal court of a person charged with a violation of an ordinance or law of the municipality.
(e)  The marshal has the same power and jurisdiction as a peace officer has under the Code of Criminal Procedure to execute warrants, to prevent and suppress crime, and to arrest offenders.  The marshal has other powers, not inconsistent with state law, that the governing body confers by ordinance.
(f)  The marshal may close a theater, ballroom, or other place of public recreation or entertainment to prevent a breach of the peace or to preserve quiet and good order.
(g)  The marshal shall:
(1)  quell riots, disorder, and disturbance of the peace in the municipality;
(2)  take into custody a person who disturbs the peace of the municipality;
(3)  arrest, without warrant, a person who disturbs the peace, otherwise engages in disorderly conduct or a disturbance, or obstructs or interferes with the performance of the marshal's duties;  and
(4)  perform other duties, not inconsistent with state law, that the governing body prescribes by ordinance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 829, Sec. 3, eff. Aug. 28, 1995.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 341 - Municipal Law Enforcement › Subchapter C. Marshals › Section 341.022. Marshal of Type B General-Law Municipality

Sec. 341.022.  MARSHAL OF TYPE B GENERAL-LAW MUNICIPALITY.  (a)  The marshal of a Type B general-law municipality has the same power within the municipality that a constable has within a precinct and is entitled to the same fees as a constable.
(b)  The marshal shall perform duties, not inconsistent with state law, prescribed by the bylaws and ordinances of the municipality for fees determined by the governing body of the municipality.
(c)  The marshal is the tax assessor-collector of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 341 - Municipal Law Enforcement › Subchapter Z. Miscellaneous Provisions › Section 341.901. Watchmen in Type a General-Law Municipality

Sec. 341.901.  WATCHMEN IN TYPE A GENERAL-LAW MUNICIPALITY.  The governing body of a Type A general-law municipality may appoint watchmen and prescribe their powers and duties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 341 - Municipal Law Enforcement › Subchapter Z. Miscellaneous Provisions › Section 341.902. Workhouse and House of Correction in Type a General-Law Municipality

Sec. 341.902.  WORKHOUSE AND HOUSE OF CORRECTION IN TYPE A GENERAL-LAW MUNICIPALITY.  (a)  The governing body of a Type A general-law municipality may build and establish one or more jails inside or outside the municipality.
(b)  The governing body may adopt necessary rules and appoint necessary keepers or assistants for the jails.
(c)  Vagrants and disorderly persons may be confined in a jail on commitment by a municipal court judge.  A person who fails or refuses to pay the fine or costs imposed for an offense may be confined in a jail.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 402, Sec. 17, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 341 - Municipal Law Enforcement › Subchapter Z. Miscellaneous Provisions › Section 341.903. Authority of Home-Rule Municipality to Police Municipally Owned Property Outside Municipality

Sec. 341.903.  AUTHORITY OF HOME-RULE MUNICIPALITY TO POLICE MUNICIPALLY OWNED PROPERTY OUTSIDE MUNICIPALITY.  A home-rule municipality may police the following areas owned by and located outside the municipality:
(1)  parks and grounds;
(2)  lakes and land contiguous to and used in connection with a lake;  and
(3)  speedways and boulevards.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 341 - Municipal Law Enforcement › Subchapter Z. Miscellaneous Provisions › Section 341.906. Limitations on Registered Sex Offenders in General-Law Municipalities

Sec. 341.906.  LIMITATIONS ON REGISTERED SEX OFFENDERS IN GENERAL-LAW MUNICIPALITIES.  (a)  In this section:
(1)  "Child safety zone" means premises where children commonly gather.  The term includes a school, day-care facility, playground, public or private youth center, public swimming pool, video arcade facility, or other facility that regularly holds events primarily for children. The term does not include a church, as defined by Section 544.251, Insurance Code.
(2)  "Playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code.
(3)  "Registered sex offender" means an individual who is required to register as a sex offender under Chapter 62, Code of Criminal Procedure.
(b)  To provide for the public safety, the governing body of a general-law municipality by ordinance may restrict a registered sex offender from going in, on, or within a specified distance of a child safety zone in the municipality.
(c)  It is an affirmative defense to prosecution of an offense under the ordinance that the registered sex offender was in, on, or within a specified distance of a child safety zone for a legitimate purpose, including transportation of a child that the registered sex offender is legally permitted to be with, transportation to and from work, and other work-related purposes.
(d)  The ordinance may establish a distance requirement described by Subsection (b) at any distance of not more than 1,000 feet.
(e)  The ordinance shall establish procedures for a registered sex offender to apply for an exemption from the ordinance.
(f)  The ordinance must exempt a registered sex offender who established residency in a residence located within the specified distance of a child safety zone before the date the ordinance is adopted.  The exemption must apply only to:
(1)  areas necessary for the registered sex offender to have access to and to live in the residence; and
(2)  the period the registered sex offender maintains residency in the residence.
Added by Acts 2017, 85th Leg., R.S., Ch. 997 (H.B. 1111), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 342 - Municipal Fire Protection › Subchapter A. Provisions Applicable to Type a General-Law Municipality › Section 342.001. Subchapter Applicable to Type a General-Law Municipality

Sec. 342.001.  SUBCHAPTER APPLICABLE TO TYPE A GENERAL-LAW MUNICIPALITY.  This subchapter applies only to a Type A general-law municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 342 - Municipal Fire Protection › Subchapter A. Provisions Applicable to Type a General-Law Municipality › Section 342.002. Rules Relating to Frame Buildings

Sec. 342.002.  RULES RELATING TO FRAME BUILDINGS.  (a)  The governing body of the municipality may, for the purpose of preventing calamitous fires, prohibit the construction, location, relocation, or repair of wooden buildings within areas of the municipality designated by the governing body.  Within those areas, the governing body may:
(1)  prohibit the relocation of a wooden building from outside the area to a site in the area;
(2)  prohibit the relocation of a wooden building from one site to another in the area;
(3)  direct that all buildings within the area be constructed of fireproof materials;
(4)  prohibit the rebuilding or repairing in the area of a wooden building that has been damaged to the extent of 50 percent or more of its value;
(5)  declare to be a nuisance any dilapidated building;  and
(6)  declare to be a nuisance any wooden building that is in the area and that the governing body considers a danger to contiguous buildings or considers a cause or promoter of fires.
(b)  The governing body may determine the method of ascertaining damage under Subsection (a)(4) and may direct the manner in which a building declared to be a nuisance under Subsection (a)(5) or (6) is to be repaired or removed or the nuisance is to be abated.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 342 - Municipal Fire Protection › Subchapter A. Provisions Applicable to Type a General-Law Municipality › Section 342.003. Fire Regulations

Sec. 342.003.  FIRE REGULATIONS.  (a)  The governing body of the municipality may:
(1)  prohibit dangerous chimneys, flues, fireplaces, stovepipes, ovens, and other apparatus used in or about any building, and require the apparatus to be removed or placed in a safe condition;
(2)  prohibit the unsafe deposit of ashes;
(3)  appoint officers who may enter any building or enclosure to examine and determine whether it is in a dangerous condition and, if the building or enclosure is in a dangerous condition, require that it be put in a safe condition;
(4)  require the inhabitant of a building to maintain as many fire buckets and means of access to the roof as prescribed by the governing body, and regulate the use of those items in the event of a fire;
(5)  require the owner or occupant of a building to maintain access to the roof and to stairs or ladders that lead to the roof;
(6)  prohibit or otherwise regulate factories and other works that pose a danger of promoting or causing fires;
(7)  prohibit or otherwise regulate the erection of cotton presses and sheds;
(8)  prohibit or otherwise regulate the use of fireworks and firearms;
(9)  prohibit, direct, or otherwise regulate the keeping and management of buildings within the municipality that are used to store gunpowder or other combustible, explosive, or dangerous materials, and regulate the keeping and conveying of those materials;
(10)  regulate the building of parapet or party walls;
(11)  authorize the mayor or other municipal officers, including the officers of fire companies, to keep away from the vicinity of any fire all idle, disorderly, or suspicious persons, and to arrest and confine those persons;
(12)  compel municipal officers and all other persons to aid in extinguishing fires, preserving property exposed to the danger of fire, and preventing theft; and
(13)  adopt other rules for the prevention and extinguishment of fires as the governing body considers necessary.
(b)  Subsection (a)(8) or (9) does not authorize a municipality to adopt any prohibition or other regulation in violation of Section 229.001.
(c)  Subsection (a)(8) does not authorize a municipality to confiscate packaged, unopened fireworks.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(t), eff. Aug. 28, 1989;  Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(10), eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 957 (H.B. 1813), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 342 - Municipal Fire Protection › Subchapter A. Provisions Applicable to Type a General-Law Municipality › Section 342.004. Fire Department

Sec. 342.004.  FIRE DEPARTMENT.  (a)  The governing body of the municipality may organize a fire department consisting of fire companies and the chief and any assistant engineers.  The governing body shall prescribe the powers and duties of the fire department and its officers.
(b)  Each company may elect its own members and officers.  A company may adopt a constitution and bylaws that are not inconsistent with the statutes and the municipal ordinances.
(c)  The fire department engineers shall be chosen as determined by the department, subject to the approval of the governing body, which shall pass ordinances that it considers necessary for the welfare of the department.  The mayor shall commission each elected officer approved by the governing body.
(d)  The governing body may obtain fire engines and other fire-protection equipment, control the use of the equipment, and provide fire stations to preserve the equipment.  The fire department shall maintain the fire engines and other fire-protection equipment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 342 - Municipal Fire Protection › Subchapter A. Provisions Applicable to Type a General-Law Municipality › Section 342.005. Destruction of Buildings; Claim

Sec. 342.005.  DESTRUCTION OF BUILDINGS;  CLAIM.  (a)  If a building in the municipality is on fire, the chief or acting chief engineer of the fire department with the concurrence of the mayor may order the burning building, or any other building determined to be hazardous and likely to transmit the fire to additional buildings, to be destroyed.
(b)  Except as provided by Subsection (c), the municipality and the officers that act under Subsection (a) are not liable for damages resulting from the destruction.
(c)  Within six months after the date a building is destroyed under this section, a person who has an interest in the building may apply in writing to the governing body of the municipality to request the governing body to assess and pay the damages of the person.  If the governing body and the claimant cannot agree on the terms of adjustment, they shall refer the application to three commissioners, one appointed by the claimant, one appointed by the governing body, and one appointed jointly by both parties.  The commissioners must be qualified voters and owners of real property in the municipality.  The commissioners shall swear to faithfully execute their duty to the best of their ability.  They may subpoena and swear witnesses.  They shall give all parties a fair and impartial hearing and shall give notice of the time and place of each meeting.  They shall take into account the probabilities of the destruction of the building by fire if the municipality had not destroyed the building and the loss of any insurance on the property caused by the destruction.  They may report that no damages should equitably be allowed to the claimant.  If a report is made and confirmed for the appraisal of the damages, compliance with the terms of that report by the governing body constitutes full satisfaction of those damages.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 342 - Municipal Fire Protection › Subchapter B. Provisions Applicable to Home-Rule Municipality › Section 342.011. Fire Department

Sec. 342.011.  FIRE DEPARTMENT.  A home-rule municipality may provide for a fire department.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 342 - Municipal Fire Protection › Subchapter B. Provisions Applicable to Home-Rule Municipality › Section 342.012. Designation of Fire Limits; Removal or Destruction of Structures

Sec. 342.012.  DESIGNATION OF FIRE LIMITS;  REMOVAL OR DESTRUCTION OF STRUCTURES.  (a)  A home-rule municipality may establish fire limits and may prescribe the kind and character of structures and other improvements erected within those limits.
(b)  The municipality may provide for the erection of fireproof buildings within certain limits and may condemn dangerous buildings or other structures, dilapidated buildings, or buildings considered to increase the hazard of fire.  The municipality may provide for the manner of the removal or destruction of those buildings or structures.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 342 - Municipal Fire Protection › Subchapter B. Provisions Applicable to Home-Rule Municipality › Section 342.013. Confiscation of Certain Fireworks Prohibited; Affirmative Defense

Sec. 342.013.  CONFISCATION OF CERTAIN FIREWORKS PROHIBITED; AFFIRMATIVE DEFENSE.  (a) A home-rule municipality that regulates fireworks may not confiscate packaged, unopened fireworks.
(b)  It is an affirmative defense to prosecution for possession of fireworks brought under a municipal ordinance that:
(1)  the defendant was operating or was a passenger in a motor vehicle that was being operated in a public place; and
(2)  the fireworks were not in the passenger area of the vehicle.
(c)  For purposes of Subsection (b), the "passenger area" of a motor vehicle means the area of the vehicle designed for the seating of the operator and the passengers of the vehicle.  The term does not include:
(1)  a locked glove compartment or similar locked storage area;
(2)  the trunk of a vehicle; or
(3)  the area behind the last upright seat of a vehicle that does not have a trunk.
Added by Acts 2013, 83rd Leg., R.S., Ch. 957 (H.B. 1813), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 342 - Municipal Fire Protection › Subchapter C. Mutual Fire-Protection Agreements › Section 342.020. Mutual Fire-Protection Agreements in Border Municipalities

Sec. 342.020.  MUTUAL FIRE-PROTECTION AGREEMENTS IN BORDER MUNICIPALITIES.  (a)  A municipality in this state that is located on the border between this state and the Republic of Mexico may make a mutual fire-protection agreement with its corresponding border municipality in the Republic of Mexico.
(b)  Any fire fighter from a border municipality in this state who responds to a call for fire-fighting assistance from the corresponding border municipality in the Republic of Mexico under the terms of an agreement authorized by this section is performing the fire fighter's official duty for the purposes of Article III, Section 51-d, of the Texas Constitution.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(u), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 342 - Municipal Fire Protection › Subchapter Z. Miscellaneous Provisions › Section 342.901. Fire Suppression Standards in Certain Municipalities

Sec. 342.901.  FIRE SUPPRESSION STANDARDS IN CERTAIN MUNICIPALITIES.  (a)  This section applies to a general law municipality that:
(1)  has a population of less than 4,000;
(2)  is located in a county that:
(A)  has a population of more than 1.2 million; and
(B)  is adjacent to a county with a population of more than 600,000; and
(3)  is served by a district governed by Chapter 51, Water Code.
(b)  Notwithstanding any other law, the governing body of a municipality may by ordinance establish water flow and water pressure standards sufficient to provide adequate pressure to fire suppression systems and require a district described by Subsection (a)(3) that provides water service in the municipality to take reasonable measures to comply with those standards.
(c)  Before a municipality adopts an ordinance under this section, the municipality and the district described by Subsection (a)(3) that is subject to the proposed ordinance shall establish the scope of and estimate the costs associated with any capital improvements necessary to comply with the proposed ordinance.
(d)  A district described by Subsection (a)(3) may recover the costs associated with complying with an ordinance adopted under this section through a surcharge assessed only to customers served in the municipality to the extent that:
(1)  complying with the ordinance results in additional capital improvement costs for the district; and
(2)  the ordinance establishes water flow and water pressure standards inside municipal boundaries that are more stringent than water flow and water pressure standards required outside municipal boundaries.
(e)  To the extent of a conflict between this section and any other law, this section controls.
Added by Acts 2013, 83rd Leg., R.S., Ch. 720 (H.B. 3813), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 176, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 343 - Municipal Provision of School Crossing Guards › Subchapter A. General Provisions › Section 343.001. Definition

Sec. 343.001.  DEFINITION.  In this chapter, "school crossing guard" has the meaning assigned by Section 541.001, Transportation Code.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 10.02, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.224, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 343 - Municipal Provision of School Crossing Guards › Subchapter A. General Provisions › Section 343.002. Designation of Governmental Function

Sec. 343.002.  DESIGNATION OF GOVERNMENTAL FUNCTION.  The employment, training, equipping, and location of school crossing guards by a political subdivision is a governmental function.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 10.02, eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 343 - Municipal Provision of School Crossing Guards › Subchapter B. Provisions Applicable to Municipalities With a Population of More Than 1.3 Million › Section 343.011. Application

Sec. 343.011.  APPLICATION.  This subchapter applies only to a municipality with a population of more than 1.3 million.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 10.02, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 178, eff. September 1, 2023.