reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 361 - Municipal and County Authority Relating to Jails › Subchapter E. Municipal Contract With County or Private Entity for Jail Facilities › Section 361.063. Award of Improvement Project

Sec. 361.063.  AWARD OF IMPROVEMENT PROJECT.  (a)  An award made under Section 361.062(9) must be made to the responsible offeror whose proposal is determined to be the lowest evaluated offer resulting from negotiation taking into consideration the relative importance of price and other evaluation factors set forth in the request.
(b)  Discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award.  Offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals.  Revisions may be permitted after submission and before award for the purpose of obtaining the best and final offers.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 361 - Municipal and County Authority Relating to Jails › Subchapter E. Municipal Contract With County or Private Entity for Jail Facilities › Section 361.064. Sovereign Immunity Inapplicable

Sec. 361.064.  SOVEREIGN IMMUNITY INAPPLICABLE.  A private vendor operating under a contract authorized by this subchapter is not entitled to claim sovereign immunity in a suit arising from the services performed under the contract by the private vendor.  However, this section does not deprive the municipality, private vendor, or county of any benefits of any law limiting exposure to liability, setting a limit on damages, or establishing defenses to liability.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 361 - Municipal and County Authority Relating to Jails › Subchapter E. Municipal Contract With County or Private Entity for Jail Facilities › Section 361.065. Maximum Inmate Population

Sec. 361.065.  MAXIMUM INMATE POPULATION.  A facility authorized by this subchapter must be designed, constructed, operated, and maintained to hold not more than an average daily population of 4,000 inmates.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 670, Sec. 1, eff. June 13, 2001;  Acts 2003, 78th Leg., ch. 873, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 361 - Municipal and County Authority Relating to Jails › Subchapter E. Municipal Contract With County or Private Entity for Jail Facilities › Section 361.066. Application to Prior Facilities

Sec. 361.066.  APPLICATION TO PRIOR FACILITIES.  The governing body may not convert a facility into a correctional facility operated by a private vendor if, before August 3, 1987, the facility is:
(1)  operated as a correctional facility by the municipality; or
(2)  being constructed by the municipality for use as a correctional facility.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 361 - Municipal and County Authority Relating to Jails › Subchapter E. Municipal Contract With County or Private Entity for Jail Facilities › Section 361.067. Location of Jail Restricted in Populous Municipality

Sec. 361.067.  LOCATION OF JAIL RESTRICTED IN POPULOUS MUNICIPALITY.  (a)  Notwithstanding any other provision of this subchapter, a private vendor or county may not establish a jail, detention center, work camp, or related facility in a municipality with a population of 1,500,000 or more if that facility is to be located within one-half mile of a public school, institution of higher education, or place of worship.
(b)  Subsection (a) does not apply to a booking facility that will be established within 500 feet of an existing county jail or detention facility.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 75(a), eff. Aug. 28, 1989.  Amended by Acts 2003, 78th Leg., ch. 453, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 361 - Municipal and County Authority Relating to Jails › Subchapter F. Disciplinary Matters Relating to Municipal and County Jails › Section 361.081. Supervisory or Disciplinary Authority of Inmates

Sec. 361.081.  SUPERVISORY OR DISCIPLINARY AUTHORITY OF INMATES.  (a)  An inmate in a municipal or county jail may not act in a supervisory or administrative capacity over another inmate.
(b)  An inmate in a municipal or county jail may not administer discipline over another inmate.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 3.02, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 361 - Municipal and County Authority Relating to Jails › Subchapter F. Disciplinary Matters Relating to Municipal and County Jails › Section 361.082. Restraint of Pregnant Inmate or Defendant

Sec. 361.082.  RESTRAINT OF PREGNANT INMATE OR DEFENDANT.  (a)  A municipal or county jail may not use restraints to control the movement of a pregnant woman in the custody of the jail at any time during which the woman is in labor or delivery or recovering from delivery, unless the sheriff or another person with supervisory authority over the jail determines that the use of restraints is necessary to:
(1)  ensure the safety and security of the woman or her infant, jail or medical personnel, or any member of the public; or
(2)  prevent a substantial risk that the woman will attempt escape.
(b)  If a determination to use restraints is made under Subsection (a), the type of restraint used and the manner in which the restraint is used must be the least restrictive available under the circumstances to ensure safety and security or to prevent escape.
Added by Acts 2009, 81st Leg., R.S., Ch. 1184 (H.B. 3653), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 361 - Municipal and County Authority Relating to Jails › Subchapter G. Religious Freedom › Section 361.101. Application of Law Relating to Free Exercise of Religion

Sec. 361.101.  APPLICATION OF LAW RELATING TO FREE EXERCISE OF RELIGION.  For purposes of Chapter 110, Civil Practice and Remedies Code, an ordinance, rule, order, decision, or practice that applies to a person in the custody of a municipal or county jail or other correctional facility operated by or under a contract with a county or municipality is presumed to be in furtherance of a compelling governmental interest and the least restrictive means of furthering that interest.  The presumption may be rebutted.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 5, eff. Aug. 30, 1999.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 361 - Municipal and County Authority Relating to Jails › Subchapter Z. Miscellaneous Provisions › Section 361.901. AIDS and HIV Testing in County and Municipal Jails; Segregation

Sec. 361.901. AIDS AND HIV TESTING IN COUNTY AND MUNICIPAL JAILS;  SEGREGATION.  (a)  In this section, "AIDS" and "HIV" have the meanings assigned by Section 81.101, Health and Safety Code.
(b)  A county or municipality may test an inmate confined in the county or municipal jail or in a contract facility authorized by Subchapter F, Chapter 351, or Subchapter E of this chapter to determine the proper medical treatment of the inmate or the proper social management of the inmate or other inmates in the jail or facility.
(c)  If the county or municipality determines that an inmate has a positive test result for AIDS or HIV, the county or municipality may segregate the inmate from other inmates in the jail or facility.
(d)  This section does not provide a duty to test for AIDS or HIV, and a cause of action does not arise under this section from a failure to test for AIDS or HIV.
Transferred, redesignated and amended from Code of Criminal Procedure, Chapter 46A by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 4.014, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 362 - Law Enforcement Services Provided Through Cooperation of Municipalities, Counties, and Certain Other Local Governments › Section 362.001. Definitions

Sec. 362.001.  DEFINITIONS.  In this chapter:
(1)  "Joint airport" means an airport that is operated jointly by two municipalities and that is situated in two counties.
(2)  "Law enforcement officer" means a municipal police officer, sheriff, deputy sheriff, constable, deputy constable, marshal, deputy marshal, investigator of a district attorney's, criminal district attorney's, or county attorney's office, or police officer of a joint airport who has been commissioned as a peace officer under the laws of this state.
(3)  "Multicounty drug task force" means a mutual aid law enforcement task force that is established as a multicounty law enforcement cooperation between counties and municipalities to enhance multicounty interagency coordination, acquire intelligence information, and facilitate multicounty investigations of drug-related crimes.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 210, Sec. 1, eff. May 24, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 556 (H.B. 1239), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 362 - Law Enforcement Services Provided Through Cooperation of Municipalities, Counties, and Certain Other Local Governments › Section 362.002. Law Enforcement Assistance

Sec. 362.002.  LAW ENFORCEMENT ASSISTANCE.  (a)  A county, municipality, or joint airport may, by resolution or order of its governing body, provide for, or authorize its chief administrative officer, chief of police, or marshal to provide for, its regularly employed law enforcement officers to assist another county, municipality, or joint airport.  This assistance may be provided only when the mayor or other officer authorized to declare a state of civil emergency in the other county, municipality, or joint airport considers additional law enforcement officers necessary to protect health, life, and property in the county, municipality, or joint airport because of disaster, riot, threat of concealed explosives, or unlawful assembly characterized by force and violence or the threat of force and violence by three or more persons acting together or without lawful authority.
(b)  A county, municipality, or joint airport may, by resolution or order of its governing body, enter into an agreement with a municipality, joint airport, or county to form a mutual aid law enforcement task force to cooperate in criminal investigations and law enforcement.  Peace officers employed by counties, municipalities, or joint airports covered by the agreement have only the additional investigative authority throughout the region as set forth in the agreement.  The agreement must provide for the compensation of peace officers involved in the activities of the task force.
(c)  A law enforcement officer employed by a county, municipality, or joint airport that is covered by the agreement may make an arrest outside the county, municipality, or joint airport in which the officer is employed but within the area covered by the agreement.  The law enforcement agencies of the area where the arrest is made shall be notified of the arrest without delay, and the notified agency shall make available the notice of the arrest in the same manner as if the arrest were made by a member of that agency.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 374 (H.B. 1789), Sec. 1, eff. June 2, 2019.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 362 - Law Enforcement Services Provided Through Cooperation of Municipalities, Counties, and Certain Other Local Governments › Section 362.003. Provisions Relating to Law Enforcement Officers

Sec. 362.003.  PROVISIONS RELATING TO LAW ENFORCEMENT OFFICERS.  (a)  While a law enforcement officer regularly employed by one county, municipality, or joint airport is in the service of another county, municipality, or joint airport according to this chapter, the officer is a peace officer of the latter county, municipality, or joint airport and is under the command of the law enforcement officer who is in charge in that county, municipality, or joint airport.  The officer has all the powers of a regular law enforcement officer of that county, municipality, or joint airport as fully as if the officer were in the county, municipality, or joint airport where regularly employed.  Qualification for office in the territory of regular employment constitutes qualification for office in the other county, municipality, or joint airport and no additional oath, bond, or compensation is needed.
(b)  The law enforcement officer who is ordered by the official designated by the governing body of the county, municipality, or joint airport to perform police or peace duties outside the limits of that county, municipality, or joint airport where regularly employed is entitled to the same wage, salary, pension, and other compensation and rights, including injury or death benefits, as if the service were rendered in the county, municipality, or joint airport of the officer's regular employment.  The officer is also entitled to payment for any reasonable expenses incurred for travel, food, or lodging while on duty outside the limits of the territory of the officer's regular employment.
(c)  The county, municipality, or joint airport regularly employing the law enforcement officer shall pay all wages and disability payments, pension payments, damages to equipment and clothing, medical expenses, and travel, food, and lodging expenses.  The county, municipality, or joint airport whose authorized official requested the services shall reimburse the original county, municipality, or joint airport after the payment is made and reimbursement is requested.  Each county, municipality, or joint airport may make these payments and reimbursements regardless of any provision in its charter or ordinances to the contrary.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 362 - Law Enforcement Services Provided Through Cooperation of Municipalities, Counties, and Certain Other Local Governments › Section 362.004. Multicounty Drug Task Force

Sec. 362.004.  MULTICOUNTY DRUG TASK FORCE.  (a)  A multicounty drug task force is composed of law enforcement agencies located in two or more counties in this state.  A multicounty drug task force may be established and operated only after the Department of Public Safety confirms:
(1)  a strategic need for the task force; and
(2)  the composition of the task force.
(b)  A multicounty drug task force, and any county or municipality participating in the task force, must comply with the policies and procedures established for the operation of a multicounty drug task force by the Department of Public Safety.
Added by Acts 2005, 79th Leg., Ch. 556 (H.B. 1239), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 362 - Law Enforcement Services Provided Through Cooperation of Municipalities, Counties, and Certain Other Local Governments › Section 362.005. Texas Transnational Intelligence Center

Sec. 362.005.  TEXAS TRANSNATIONAL INTELLIGENCE CENTER.  (a)  The sheriff's department of a county with a population of at least 870,000 that borders the Texas-Mexico border and the police department of the municipality having the largest population in that county shall jointly establish and operate the Texas Transnational Intelligence Center as a central repository of real-time intelligence relating to:
(1)  autopsies in which the person's death is likely connected to transnational criminal activity;
(2)  criminal activity in the counties along the Texas-Mexico border and certain other counties; and
(3)  other transnational criminal activity in the state.
(b)  The Texas Department of Public Safety shall assist the county sheriff's department and the municipal police department in the establishment and operation of the center.
(c)  Each law enforcement agency in a county located along the Texas-Mexico border or in a county that contains a federal checkpoint shall report to the Texas Transnational Intelligence Center intelligence regarding criminal activity in the law enforcement agency's jurisdiction, including details on kidnappings, home invasions, and incidents of impersonation of law enforcement officers.  The Texas Alcoholic Beverage Commission and Parks and Wildlife Department shall report to the center intelligence regarding transnational criminal activity in the agency's jurisdiction.
(d)  The intelligence in the Texas Transnational Intelligence Center shall be made available to each law enforcement agency in the state and the Texas Alcoholic Beverage Commission and Parks and Wildlife Department.
(e)  The Texas Transnational Intelligence Center shall comply with Section 421.085, Government Code, and the rules relating to that section.
Added by Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 13, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 183, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter A. General Provisions › Section 363.001. Short Title

Sec. 363.001.  SHORT TITLE.  This chapter may be cited as the Crime Control and Prevention District Act.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter A. General Provisions › Section 363.002. Definitions

Sec. 363.002.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of a district.
(2)  "Director" means a member of a board.
(3)  "District" means a crime control and prevention district created under this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter A. General Provisions › Section 363.003. Liability of State

Sec. 363.003.  LIABILITY OF STATE.  The state is not obligated for the support, maintenance, or dissolution of a crime control district created under this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter B. Creation of District and Temporary Board › Section 363.051. Political Subdivisions Authorized to Create District

Sec. 363.051.  POLITICAL SUBDIVISIONS AUTHORIZED TO CREATE DISTRICT.  (a)  The creation of a crime control and prevention district may be proposed under this chapter by a majority vote of the governing body of a:
(1)  county:
(A)  with a population of more than 130,000; or
(B)  that:
(i)  does not border the United Mexican States;
(ii)  is adjacent to a county with a population of 500,000 or more that borders the United Mexican States; and
(iii)  has a population of 5,000 or more; or
(2)  municipality that is partially or wholly located in a county with a population of more than 5,000.
(b)  The governing body may create a district composed of all or part of the political subdivision governed by that body.  A district created by a county may not contain area in more than one county.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.08(a), eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1101 (H.B. 3417), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter B. Creation of District and Temporary Board › Section 363.052. Temporary Board

Sec. 363.052.  TEMPORARY BOARD.  (a)  Not later than the 60th day after the date a district is proposed to be created by a governing body, the governing body shall appoint seven persons that reside in the proposed district to serve as temporary directors of the district.
(b)  Not later than the 75th day after the date the district is proposed, the temporary board shall organize.  The directors of the temporary board shall elect one of the directors as presiding officer of the board not later than the 15th day after the date of the appointments under Subsection (a).
(c)  A temporary director who is not serving as presiding officer may designate another person to serve in the director's place.
(d)  The governing body shall fill a vacancy in the office of a temporary director in the same manner that it originally filled the vacant position.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter B. Creation of District and Temporary Board › Section 363.053. Election Required

Sec. 363.053.  ELECTION REQUIRED.  A district proposed by the governing body may be created and a tax may be authorized only if the creation and the tax are approved by a majority of the qualified voters of the proposed district voting at an election called and held for that purpose.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter B. Creation of District and Temporary Board › Section 363.054. Election Order

Sec. 363.054.  ELECTION ORDER.  (a)  After a majority of the temporary directors of a proposed district have approved a budget plan and a crime control plan in accordance with Section 363.061, a majority of the temporary directors may order that a creation election be held.
(b)  An order calling an election under Subsection (a) must state:
(1)  the nature of the election, including the proposition that is to appear on the ballot;
(2)  the date of the election;
(3)  the hours during which the polls will be open;
(4)  the location of the polling places;
(5)  in summary form, the approved budget plan and crime control plan of the proposed district;  and
(6)  the proposed rate of the sales and use tax for the district.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter B. Creation of District and Temporary Board › Section 363.055. Sales Tax: Rate; Limitation; Municipal Authority

Sec. 363.055.  SALES TAX:  RATE;  LIMITATION;  MUNICIPAL AUTHORITY.  (a)  The proposed rate for the district sales and use tax imposed under Subchapter B, Chapter 321, Tax Code, may be any rate that is an increment of one-eighth of one percent, that the municipality determines is appropriate, and that would not result in a combined rate that exceeds the maximum combined rate prescribed by Section 321.101(f), Tax Code. The proposed rate for the district sales and use tax imposed under Subchapter B, Chapter 323, Tax Code, may be only:
(1)  one-eighth of one percent;
(2)  one-fourth of one percent;
(3)  three-eighths of one percent; or
(4)  one-half of one percent.
(b)  A sales and use tax approved under this chapter may be charged in addition to any other sales and use tax authorized by law and is included in computing a combined sales and use tax rate for purposes of any limitation provided by law on the maximum combined sales and use tax rate of political subdivisions.
(c)  A municipality that creates a district shall adopt a sales and use tax under Section 321.108, Tax Code, for financing the operation of the district.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.08(b), eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1101 (H.B. 3417), Sec. 2, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1246 (H.B. 157), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter B. Creation of District and Temporary Board › Section 363.056. Notice of Election

Sec. 363.056.  NOTICE OF ELECTION.  In addition to the notice required by Section 4.003(c), Election Code, the temporary directors of a proposed district shall give notice of an election to create a district by publishing a substantial copy of the election order in a newspaper with general circulation in the proposed district once a week for two consecutive weeks.  The first publication must appear before the 35th day before the date set for the election.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter B. Creation of District and Temporary Board › Section 363.057. Election Date

Sec. 363.057.  ELECTION DATE.  The election shall be held on the first uniform election date that occurs after the 34th day after the date on which the election is ordered.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 340, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter B. Creation of District and Temporary Board › Section 363.058. Ballot Proposition

Sec. 363.058.  BALLOT PROPOSITION.  The ballot for an election to create a district shall be printed to permit voting for or against the proposition:  "The creation of the ________ (name of the political subdivision proposing to create the district) Crime Control and Prevention District dedicated to crime reduction programs and the adoption of a proposed local sales and use tax at a rate of ______ (rate specified in the election order)."
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter B. Creation of District and Temporary Board › Section 363.059. Canvassing Returns

Sec. 363.059.  CANVASSING RETURNS.  (a)  Not earlier than the second day or later than the 13th day after the date of the election, the temporary board of a proposed district shall meet and canvass the returns of the election.
(b)  If a majority of the votes cast favor the creation of the district, the temporary board shall issue an order declaring the district created.
(c)  If less than a majority of the votes cast favor the creation of the district, the temporary board may order another election on the matter not earlier than the first anniversary of the date of the preceding election.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter B. Creation of District and Temporary Board › Section 363.060. Dissolution of Temporary Board

Sec. 363.060.  DISSOLUTION OF TEMPORARY BOARD.  If a district has not been created under this chapter before the fifth anniversary of the date a district is proposed by the governing body, the temporary board is dissolved on that date and a district may not be created under this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter B. Creation of District and Temporary Board › Section 363.061. Crime Control Plan and Budget Plan

Sec. 363.061.  CRIME CONTROL PLAN AND BUDGET PLAN.  (a)  The temporary board of a proposed district shall formulate and approve a two-year crime control plan and a two-year budget plan.  The crime control plan must include:
(1)  a detailed list of the crime control and crime prevention strategies to be supported by the district;  and
(2)  the method of annually evaluating the effectiveness and efficiency of individual crime control and crime prevention strategies.
(b)  The budget plan must include:
(1)  the amount of money budgeted by the district for each crime control and crime prevention strategy;
(2)  the amount of money budgeted by the district and the percentage of the total budget of the district for administration, with individual amounts showing the cost of the administration that would be conducted by the district and the cost of administration that would be conducted by private or public entities;
(3)  the estimated amount of money available to the district from all sources during the ensuing year;
(4)  the amount of balances expected at the end of the years for which the budget is prepared;  and
(5)  the estimated tax rate that will be required.
(c)  The crime control plan and budget plan must be adopted in the same manner as provided for adoption of a proposed annual budget under Section 363.204.
(d)  The temporary board shall coordinate its efforts with local law enforcement officials, the local community supervision and corrections department, and the local juvenile probation department in developing its crime control plan and budget plan.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter B. Creation of District and Temporary Board › Section 363.062. Financing Creation of District

Sec. 363.062.  FINANCING CREATION OF DISTRICT.  (a)  Except as provided by Subsections (b) and (c), the costs of creating a district by a county to be composed of the whole county shall be allocated as follows:
(1)  the county shall pay 40 percent;
(2)  the municipality having the largest population in the county shall pay 40 percent;  and
(3)  the municipality having the second largest population in the county shall pay 20 percent.
(b)  The county and the two municipalities may contract for a division of the costs of creating a district that is different from the division of costs described by Subsection (a).
(c)  If a district is proposed for only a part of the county, the county shall pay the entire cost of creating the district.
(d)  A municipality creating a district shall pay the entire cost of creating the district.
(e)  If a district is created, the district shall reimburse each political subdivision that paid creation costs for the actual expenses the subdivision incurred in the creation of the district.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter B. Creation of District and Temporary Board › Section 363.063. Donations, Gifts, and Endowments

Sec. 363.063.  DONATIONS, GIFTS, AND ENDOWMENTS.  On behalf of a district, the temporary board may accept donations, gifts, and endowments to be held in trust for any purpose and under any direction, limitation, or provision prescribed in writing by the donor that is consistent with this chapter and the proper management of the district.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter C. District Administration › Section 363.101. Board of Directors

Sec. 363.101.  BOARD OF DIRECTORS.  (a)  A district is governed by a board of seven directors appointed in the same manner as provided for the selection of temporary directors under Section 363.052(a).
(b)  Board members serve staggered two-year terms that expire September 1, except that the initial appointees under this section shall draw lots to determine:
(1)  the three directors to serve terms that expire on September 1 of the first year following creation of the district;  and
(2)  the four directors to serve terms that expire on September 1 of the second year following creation of the district.
(c)  Repealed by Acts 1999, 76th Leg., ch. 1219, Sec. 7(a), eff. Sept. 1, 1999.
(d)  A vacancy in the office of director shall be filled for the unexpired term in the same manner that the vacant position was originally filled.
(e)  A member of the board is not liable for civil damages or criminal prosecution for any act performed in good faith in the execution of duties as a board member or for an action taken by the board.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1219, Sec. 7(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter C. District Administration › Section 363.1015. Alternate Forms of Appointment: Board of Directors

Sec. 363.1015.  ALTERNATE FORMS OF APPOINTMENT:  BOARD OF DIRECTORS.  (a)  The governing body of a municipality or county by resolution may appoint the governing body's membership as the board of directors of the district.
(b)  In a district for which the board is not appointed under Subsection (a), the governing body of the municipality or county may create a board by having each member of the governing body appoint one director to the board, subject to confirmation by the governing body.
(c)  A director appointed under Subsection (b) serves:
(1)  at the pleasure of the governing body of the municipality or county;  and
(2)  for a term concurrent with the term of the appointing member.
Added by Acts 1999, 76th Leg., ch. 1219, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter C. District Administration › Section 363.102. Filing of Officer's Bond

Sec. 363.102.  FILING OF OFFICER'S BOND.  (a)  Before assuming the duties of the office, each director or officer, including a person designated under Section 363.101(c), must execute a bond for $5,000 payable to the district, conditioned on the faithful performance of the person's duties as director or officer.
(b)  The bond shall be kept in the permanent records of the district.
(c)  The board may pay for the bonds of the directors or officers with district funds.
(d)  The board and the district may issue or sell bonds conditioned on the faithful performance of a person's duties as a director as provided by this section.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter C. District Administration › Section 363.103. Officers

Sec. 363.103.  OFFICERS.  (a)  The board shall elect from among its members a president and vice president.  The board shall appoint a secretary.  The secretary need not be a director.  The person who performs the duties of auditor for the political subdivision shall serve as treasurer for the district.
(b)  Each officer of the board serves for a term of one year.
(c)  A vacancy in a board office shall be filled for the unexpired term by the board.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter C. District Administration › Section 363.104. Compensation

Sec. 363.104.  COMPENSATION.  A director or officer serves without compensation, but a director or officer may be reimbursed for actual expenses incurred in the performance of official duties.  Those expenses must be reported in the district's minute book or other district record and must be approved by the board.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter C. District Administration › Section 363.105. Voting Requirement

Sec. 363.105.  VOTING REQUIREMENT.  A concurrence of a majority of the members of the board is necessary in matters relating to the business of a district.  A two-thirds majority vote of the board is required to reject any application for funding available under this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter C. District Administration › Section 363.106. Contract for Administrative Assistance

Sec. 363.106.  CONTRACT FOR ADMINISTRATIVE ASSISTANCE.  The board may contract with a public agency or private vendor to assist in the administration or management of the district or to assist in the review of applications for funding available under this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter D. Powers and Duties › Section 363.152. Coordination; Evaluation; Grants

Sec. 363.152.  COORDINATION;  EVALUATION;  GRANTS.  (a)  The district shall coordinate its efforts with the local community justice council in developing its crime control and crime prevention program.
(b)  The district shall fund an annual evaluation program to study the impact, efficiency, and effectiveness of new or expanded crime control and crime prevention programs.
(c)  The board may seek the assistance of the Office of State-Federal Relations in identifying and applying for federal grants for criminal justice programs.  The board shall notify the appropriate council of government of any intent to submit applications for federal funds and for inclusion in the regional criminal justice planning process.
(d)  The district may apply for and receive grants for criminal and juvenile justice programs from the criminal justice division in the governor's office.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter D. Powers and Duties › Section 363.153. General Board Power Over Funds

Sec. 363.153.  GENERAL BOARD POWER OVER FUNDS.  The board shall manage, control, and administer the district funds except as provided by Section 363.205.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter D. Powers and Duties › Section 363.154. Use of Revenue

Sec. 363.154.  USE OF REVENUE.  (a)  In a district created by a county, the board, from the sales and use tax revenue distributed to the district under Section 323.105, Tax Code, must budget, to the extent practicable:
(1)  not less than 49.75 percent of the revenue to finance programs for which applications are submitted under Section 363.209(a);
(2)  not less than 24.87 percent of the revenue to finance programs for which applications are submitted under Section 363.209(b);  and
(3)  not less than 24.87 percent of the revenue to be distributed under Subsection (b) or (d).
(b)  In a district containing more than one municipality, the funds under Subsection (a)(3) shall be apportioned to the municipalities of the district based on a formula that averages the proportionate percentage of:
(1)  the population of a municipality to the total population of the district;
(2)  the index crime reported in each municipality in the district to the total index crime reported in the district;  and
(3)  the sales tax generated by each municipality to the total sales tax generated in the district based on the amount collected during the preceding year.
(c)  The regional council of governments of a county shall compute the formula described by Subsection (b).  The regional council of governments shall provide the population estimates and the index crime statistics that are required to compute the formula.  The regional council of governments shall provide the district with a statement of the amounts that the district must make available to each municipality in a district before the board adopts the budget and at that time also shall provide the district with a detailed summary of the computation.
(d)  In a district containing only one municipality, the funds under Subsection (a)(3) shall be apportioned to the municipality.
(e)  In a district created by a municipality, the board may spend the revenue derived from the sales and use tax distributed under Section 321.108, Tax Code, only for a purpose authorized by Section 363.151.
(f)  The budget distribution described by Subsection (a) or (e) shall be computed after a county or municipality has been properly reimbursed for expenses described by Section 363.062.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1101 (H.B. 3417), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter D. Powers and Duties › Section 363.1541. Reduction of Tax Rate for Certain Districts

Sec. 363.1541.  REDUCTION OF TAX RATE FOR CERTAIN DISTRICTS.  (a)  This section applies only to a district created by a municipality that has elected to be added to the territory of a regional transportation authority under Section 452.6025, Transportation Code.
(b)  The board shall reduce the sales and use tax imposed for the benefit of the district to the highest rate that will not impair the imposition of the regional transportation authority's sales and use tax on or before the effective date of the addition of the municipality to the authority as determined by the executive committee of the regional transportation authority under Section 452.6025, Transportation Code.
Added by Acts 2003, 78th Leg., ch. 915, Sec. 4, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter D. Powers and Duties › Section 363.155. Rules and Procedures

Sec. 363.155.  RULES AND PROCEDURES.  (a)  A board may adopt rules governing district-funded programs and the functions of district staff.
(b)  The board may prescribe accounting and control procedures for the district.
(c)  The board is subject to the administrative procedure law, Chapter 2001, Government Code.
(d)  Subsection (c) does not apply to a district that contains only one municipality.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1219, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle C - Public Safety Provisions Applying to More Than One Type of Local Government › Chapter 363 - Crime Control and Prevention Districts › Subchapter D. Powers and Duties › Section 363.156. Purchasing

Sec. 363.156.  PURCHASING.  (a)  Except as provided by Subsection (b), the board may prescribe the method of making purchases and expenditures by and for the district.
(b)  To the extent competitive bidding procedures in Title 8 apply, the board may not enter purchasing contracts that involve spending more than $25,000 unless the board complies with:
(1)  Subchapter C, Chapter 262, if the district was created by a county;  or
(2)  Chapter 252, if the district was created by a municipality.
(c)  If the political subdivision that created the district has a purchasing agent authorized by law, that agent shall serve as purchasing agent for the district.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 115, Sec. 6, eff. Sept. 1, 2001.