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 363 - Crime Control and Prevention Districts › Subchapter D. Powers and Duties › Section 363.157. Property to Be Used in Administration

Sec. 363.157.  PROPERTY TO BE USED IN ADMINISTRATION.  The board may lease or acquire in another manner facilities, equipment, or other property for the sole purpose of administering the district.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. July 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 363.158. Reimbursement for Services

Sec. 363.158.  REIMBURSEMENT FOR SERVICES.  (a)  A county or municipality located entirely outside the boundaries of the district shall, on request, reimburse a district for the district's cost of including in a district program a resident of that county or municipality.
(b)  The board may require reimbursement from the state for the district's cost of including in a district program or facility a person who is a resident of the state but is not a resident of the district.
(c)  On behalf of the district, the board may contract with a municipal or county government or with the state or federal government for the municipal, county, state, or federal government to reimburse the district for including a person in a district program.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. July 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 363.159. Service Contracts

Sec. 363.159.  SERVICE CONTRACTS.  When acting on behalf of the district, the board may contract with the following entities to furnish the staff, facilities, equipment, programs, and services the board considers necessary for the effective operation of the district:
(1)  a municipality, county, special district, or other political subdivision of the state;
(2)  a state or federal agency;
(3)  an individual;  or
(4)  an entity in the private sector.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 23.03(a), eff. July 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 363.160. Donations, Gifts, and Endowments

Sec. 363.160.  DONATIONS, GIFTS, AND ENDOWMENTS.  On behalf of the district, the board may accept donations, gifts, and endowments to be held in trust for any purpose and under any direction, limitation, or other 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 D. Powers and Duties › Section 363.161. Authority to Sue and Be Sued

Sec. 363.161.  AUTHORITY TO SUE AND BE SUED.  The board may sue and be sued in the name 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 D. -1. Addition of Territory to District › Section 363.181. Election Required

Sec. 363.181.  ELECTION REQUIRED.  The governing body that created a district may add all or part of the territory in the political subdivision governed by that body to the district and the district may impose a tax in that territory only if the addition of the territory and the imposition of the tax are approved by a majority of the qualified voters of the territory to be added voting at an election held for that purpose.
Added by Acts 2015, 84th Leg., R.S., Ch. 1096 (H.B. 2883), Sec. 2, eff. June 19, 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 D. -1. Addition of Territory to District › Section 363.182. Election Order

Sec. 363.182.  ELECTION ORDER.  (a)  After a majority of the board has approved a budget plan and a crime control plan in accordance with Section 363.061 that include the proposed addition of territory, a majority of the board may order that an additional election be held.
(b)  An order calling an election under Subsection (a) must state:
(1)  the nature of the election, including the proposition that is to appear on the ballot;
(2)  the date of the election;
(3)  the hours during which the polls will be open;
(4)  the location of the polling places;
(5)  in summary form, the approved budget plan and crime control plan that include the proposed addition of territory; and
(6)  the proposed rate of the sales and use tax to be imposed in the territory to be added.
Added by Acts 2015, 84th Leg., R.S., Ch. 1096 (H.B. 2883), Sec. 2, eff. June 19, 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 D. -1. Addition of Territory to District › Section 363.183. Notice of Election

Sec. 363.183.  NOTICE OF ELECTION.  In addition to the notice required by Section 4.003(c), Election Code, the board shall give notice of an election to add territory to the district by publishing a substantial copy of the election order in a newspaper with general circulation in the territory to be added once a week for two consecutive weeks. The first publication must appear before the 35th day before the date set for the election.
Added by Acts 2015, 84th Leg., R.S., Ch. 1096 (H.B. 2883), Sec. 2, eff. June 19, 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 D. -1. Addition of Territory to District › Section 363.184. Ballot Proposition

Sec. 363.184.  BALLOT PROPOSITION.  The ballot for an election to add territory to a district shall be printed to permit voting for or against the proposition:  "The addition of ________ (description of territory to be added) to the ________ (name of the political subdivision that created the district) Crime Control and Prevention District dedicated to crime reduction programs and the adoption of a proposed local sales and use tax in the territory to be added at a rate of ______ (rate specified in the election order)."
Added by Acts 2015, 84th Leg., R.S., Ch. 1096 (H.B. 2883), Sec. 2, eff. June 19, 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 D. -1. Addition of Territory to District › Section 363.185. Election Results

Sec. 363.185.  ELECTION RESULTS.  (a)  If a majority of the votes cast in the election favor the addition of the territory to the district, the board shall issue an order declaring the territory added to the boundaries of the district.
(b)  If a majority of the votes cast in the election do not favor the addition of territory to the district, the board may not order another election on the matter before the first anniversary of the date of the most recent election.
(c)  The provisions of Section 321.102, Tax Code, governing the application of a municipal sales and use tax in the event of a change in the boundaries of a municipality apply to the application of a tax imposed under this chapter to territory added under this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 1096 (H.B. 2883), Sec. 2, eff. June 19, 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 E. District Finances › Section 363.201. Fiscal Year

Sec. 363.201.  FISCAL YEAR.  (a)  The board shall establish the fiscal year for the district, and the district shall operate on the basis of that year.
(b)  The fiscal year may not be changed more than once in a 24-month period.
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 E. District Finances › Section 363.202. Audits and District Records

Sec. 363.202.  AUDITS AND DISTRICT RECORDS.  (a)  The board shall have an annual audit made of the financial condition of the district by an independent auditor.
(b)  The annual audit and other district records shall be open to inspection during regular business hours at the principal office 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 E. District Finances › Section 363.203. Annual Budget Proposal

Sec. 363.203.  ANNUAL BUDGET PROPOSAL.  (a)  The board shall propose an annual budget based on the apportionment described by Section 363.154.  The board shall consider the applications for program funding in preparing the proposed budget.
(b)  The proposed budget must contain a complete financial statement, including a statement of:
(1)  the outstanding obligations of the district;
(2)  the amount of cash on hand to the credit of each fund of the district;
(3)  the amount of money received by the district from all sources during the previous year;
(4)  the estimated amount of money available to the district from all sources during the current fiscal year;
(5)  the amount of money needed to fund programs approved for funding by the board;
(6)  the amount of money requested for programs that were not approved for funding by the board;
(7)  the tax rate for the next fiscal year;
(8)  the amount of the balances expected at the end of the year in which the budget is being prepared;  and
(9)  the estimated amount of revenues and balances available to cover the proposed budget.
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 E. District Finances › Section 363.204. Adoption of Budget by Board

Sec. 363.204.  ADOPTION OF BUDGET BY BOARD.  (a)  Not later than the 100th day before the date each fiscal year begins, the board shall hold a public hearing on the proposed annual budget.
(b)  The board shall publish notice of the hearing in a newspaper with general circulation in the district not later than the 10th day before the date of the hearing.
(c)  Any resident of the district is entitled to be present and participate at the hearing.
(d)  Not later than the 80th day before the date each fiscal year begins, the board shall adopt a budget.  The board may make any changes in the proposed budget that in its judgment the interests of the taxpayers demand.
(e)  Not later than the 10th day after the date the budget is adopted, the board shall submit the budget to the governing body of the political subdivision that created the district.
(f)  The board by rule may adopt procedures for adopting a budget different from the procedures outlined in this subchapter, but the board must hold public hearings relating to the budget.
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 E. District Finances › Section 363.205. Approval of Budget by Governing Body of Creating Political Subdivision

Sec. 363.205.  APPROVAL OF BUDGET BY GOVERNING BODY OF CREATING POLITICAL SUBDIVISION.  (a)  Not later than the 45th day before the date each fiscal year begins, the governing body of the political subdivision that created the district shall hold a public hearing on the budget adopted by the board and submitted to the governing body.
(b)  The governing body must publish notice of the hearing in a newspaper with general circulation in the district not later than the 10th day before the date of the hearing.
(c)  Any resident of the district is entitled to be present and to participate at the hearing.
(d)  Not later than the 30th day before the date the fiscal year begins, the governing body shall approve or reject the budget submitted by the board.  The governing body may not amend the budget.
(e)  If the governing body rejects the budget submitted by the board, the governing body and the board shall meet and together amend and approve the budget before the beginning of the fiscal year.
(f)  The budget may be amended after the beginning of the fiscal year on approval by the board and the governing body.
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 E. District Finances › Section 363.206. Limitations on Expenditures and Investments

Sec. 363.206.  LIMITATIONS ON EXPENDITURES AND INVESTMENTS.  (a)  Money may be spent only for an expense included in the annual budget or an amendment to it.
(b)  A district may not incur a debt payable from revenues of the district other than the revenues on hand or to be on hand in the current or immediately following fiscal year of the district.
(c)  The board may not invest district funds in funds or securities other than:
(1)  bonds of the United States;
(2)  certificates of indebtedness issued by the United States secretary of the treasury;
(3)  bonds of this state or a county, municipality, or school district of this state;
(4)  shares or share accounts of savings and loan associations organized under the laws of this state or federal savings and loan associations domiciled in this state, if the shares or share accounts are insured by the Federal Deposit Insurance Corporation;  or
(5)  investments specified by Chapter 2256, Government Code.
(d)  Subsection (b) does not apply to an expenditure related to, or an obligation issued or incurred in connection with, the financing of the construction or equipping of police facilities.  Funds received by a municipality or other political subdivision of the state from a district for the financing of construction or equipping of police facilities may be used by the municipality or other political subdivision to secure the payment of bonds or other obligations issued by the municipality or other political subdivision to finance the construction or equipping of facilities described in Subsection (e), notwithstanding any law to the contrary.
(e)  For purposes of this chapter, "police facility" means a police station or substation, police storefront, municipal court, jail, or minimum security facility.
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. 3, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.105, 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 E. District Finances › Section 363.207. Account of Disbursements of District

Sec. 363.207.  ACCOUNT OF DISBURSEMENTS OF DISTRICT.  Not later than the 60th day after the last day of each fiscal year, an administrator shall prepare for the board a sworn statement of the amount of money that belongs to the district and an account of the disbursements of that money.
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 E. District Finances › Section 363.208. Deposit of Funds

Sec. 363.208.  DEPOSIT OF FUNDS.  (a)  The board shall deposit district funds in a special account in the treasury of the political subdivision that created the district.
(b)  District funds, other than those invested as provided by Section 363.206(c), shall be deposited as received in the treasury of the political subdivision and must remain on deposit.
(c)  The board shall reimburse the political subdivision for any costs, other than personnel costs, the political subdivision incurs for performing the duties under 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 E. District Finances › Section 363.209. Applications for Program Funding

Sec. 363.209.  APPLICATIONS FOR PROGRAM FUNDING.  (a)  An officer of the political subdivision that created the district or the head of a department of that political subdivision may, with the consent of the political subdivision, apply to the board for funding of a program as described by Section 363.151.
(b)  If the district was created by a county, the chief administrative officer of a municipality that is completely or partly located within the district may, with the consent of the governing body of the municipality, apply to the board for funding of a program as described by Section 363.151.
(c)  An application under this section must be submitted not later than the 140th day before the date the fiscal year begins, unless an exception has been adopted by rule.
(d)  The board by rule may adopt application procedures.
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 E. District Finances › Section 363.210. Bonds Prohibited

Sec. 363.210.  BONDS PROHIBITED.  The board may not issue or sell general obligation bonds, revenue bonds, or refunding bonds.
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 F. Referendum on Continuation or Dissolution of District › Section 363.251. Referendum Authorized

Sec. 363.251.  REFERENDUM AUTHORIZED.  (a)  The board may hold a referendum on the question of whether to:
(1)  continue the district;  or
(2)  dissolve the district.
(b)  A board may order a referendum authorized by this subchapter on its own motion by a majority vote of its members.
(c)  The board shall order a referendum authorized by this subchapter:
(1)  on presentation of a petition that requests continuation or dissolution of the district and complies with the requirements of Sections 363.252-363.256;  or
(2)  if a majority of the governing body of the political subdivision that created the district by resolution requests a referendum on continuation or dissolution after notice and a public hearing on the matter.
(d)  The board may not hold a referendum under this subchapter earlier than the fourth anniversary of the date the district was created or earlier than the third anniversary of the date of the last continuation or dissolution referendum.
(e)  For a continuation referendum, the ballot shall be printed to permit voting for or against the proposition:  "Whether the ____________ (name of the political subdivision that created the district) Crime Control and Prevention District should be continued and the crime control and prevention district sales and use tax should be continued."
(f)  For a dissolution referendum, the ballot shall be printed to permit voting for or against the proposition:  "Whether the ____________ (name of the political subdivision that created the district) Crime Control and Prevention District should be dissolved and the crime control and prevention district sales and use tax should be abolished."
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. 4, 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 F. Referendum on Continuation or Dissolution of District › Section 363.2515. Continuation of District: Certain Political Subdivisions

Sec. 363.2515.  CONTINUATION OF DISTRICT:  CERTAIN POLITICAL SUBDIVISIONS.  (a)  The board or the commissioners court of the county or governing body of the municipality that created the district may specify the number of years for which a district should be continued.
(b)  A district may be continued under Subsection (a) only for 5, 10, 15, or 20 years.
(c)  For a continuation referendum under this section, the ballot shall be printed to permit voting for or against the proposition:  "Whether the _________ Crime Control and Prevention District should be continued for _______ years and the crime control and prevention district sales tax should be continued for __________ years."
Added by Acts 1999, 76th Leg., ch. 1219, Sec. 5, 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 F. Referendum on Continuation or Dissolution of District › Section 363.252. Application for Petition

Sec. 363.252.  APPLICATION FOR PETITION.  (a)  On written application of 10 or more registered voters of the district, the clerk of the political subdivision that created the district shall issue to the applicants a petition to be circulated among registered voters for their signatures.
(b)  To be valid, an application for a petition to continue the district must contain:
(1)  the following heading:  "Application for a Petition for a Local Option Referendum to Continue the Crime Control and Prevention District and to Continue the Crime Control and Prevention District Sales and Use Tax";
(2)  the following statement of the issue to be voted on:  "Whether the ____________ (name of the political subdivision that created the district) Crime Control and Prevention District should be continued and the crime control and prevention district sales and use tax should be continued";
(3)  the following statement immediately above the signatures of the applicants:  "It is the purpose and intent of the applicants whose signatures appear below that the crime control and prevention district be continued and the crime control and prevention district sales and use tax in ____________ (name of the political subdivision that created the district) be continued";  and
(4)  the printed name, signature, residence address, and voter registration certificate number of each applicant.
(c)  To be valid, an application for a petition to dissolve the district must contain:
(1)  the following heading:  "Application for a Petition for a Local Option Referendum to Dissolve the Crime Control and Prevention District and to Abolish the Crime Control and Prevention District Sales and Use Tax";
(2)  the following statement of the issue to be voted on:  "Whether the ____________ (name of the political subdivision that created the district) Crime Control and Prevention District should be dissolved and the crime control and prevention district sales and use tax should be abolished";
(3)  the following statement immediately above the signatures of the applicants:  "It is the purpose and intent of the applicants whose signatures appear below that the crime control and prevention district be dissolved and the crime control and prevention district sales and use tax in ____________ (name of the political subdivision that created the district) be abolished";  and
(4)  the printed name, signature, residence address, and voter registration certificate number of each applicant.
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 F. Referendum on Continuation or Dissolution of District › Section 363.253. Petition

Sec. 363.253.  PETITION.  (a)  To be valid, a petition for a referendum to continue a district must contain:
(1)  the following heading:  "Petition for a Local Option Referendum to Continue the ____________ (name of the political subdivision that created the district) Crime Control and Prevention District and to Continue the Crime Control and Prevention District Sales and Use Tax";
(2)  a statement of the issue to be voted on in the same words used in the application;
(3)  the following statement immediately above the signatures of the petitioners:  "It is the purpose and intent of the petitioners whose signatures appear below that the crime control and prevention district be continued and the crime control and prevention district sales and use tax in ____________ (name of the political subdivision that created the district) be continued";
(4)  lines and spaces for the names, signatures, residence addresses, and voter registration certificate numbers of the petitioners;  and
(5)  the date of issuance, the serial number, and the seal of the clerk of the political subdivision on each page.
(b)  To be valid, a petition for a referendum to dissolve a district must contain:
(1)  the following heading:  "Petition for a Local Option Referendum to Dissolve the ____________ (name of the political subdivision that created the district) Crime Control and Prevention District and to Abolish the Crime Control and Prevention District Sales and Use Tax";
(2)  a statement of the issue to be voted on in the same words used in the application;
(3)  the following statement immediately above the signatures of the petitioners:  "It is the purpose and intent of the petitioners whose signatures appear below that the crime control and prevention district be dissolved and the crime control and prevention district sales and use tax in ____________ (name of the political subdivision that created the district) be abolished";
(4)  lines and spaces for the names, signatures, residence addresses, and voter registration certificate numbers of the petitioners;  and
(5)  the date of issuance, the serial number, and the seal of the clerk of the political subdivision on each page.
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 F. Referendum on Continuation or Dissolution of District › Section 363.254. Copies of Application and Petition

Sec. 363.254.  COPIES OF APPLICATION AND PETITION.  The clerk of the political subdivision shall keep an application and a copy of the petition in the files of the clerk's office.  The clerk shall issue to the applicants as many copies as they request.
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 F. Referendum on Continuation or Dissolution of District › Section 363.255. Filing of Petition

Sec. 363.255.  FILING OF PETITION.  To form the basis for the ordering of a referendum, the petition must:
(1)  be filed with the clerk of the political subdivision not later than the 60th day after the date of its issuance;  and
(2)  contain at least a number of signatures of registered voters of the political subdivision equal to five percent of the number of votes cast in the political subdivision for all candidates for governor in the most recent gubernatorial general 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 F. Referendum on Continuation or Dissolution of District › Section 363.256. Review by Clerk

Sec. 363.256.  REVIEW BY CLERK.  (a)  The clerk of the political subdivision shall, on the request of any person, check each name on a petition to determine whether the signer is a registered voter of the district.  A person requesting verification by the clerk shall pay the clerk a sum equal to 20 cents for each name before the verification begins.
(b)  The clerk may not count a signature if the clerk has a reason to believe that:
(1)  it is not the actual signature of the purported signer;
(2)  the voter registration certificate number is not correct;
(3)  it is a duplication either of a name or of handwriting used in any other signature on the petition;
(4)  the residence address of the signer is not correct;  or
(5)  the name of the voter is not signed exactly as it appears on the official copy of the current list of registered voters for the voting year in which the petition is issued.
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 F. Referendum on Continuation or Dissolution of District › Section 363.257. Certification

Sec. 363.257.  CERTIFICATION.  Not later than the 40th day after the date a petition is filed, excluding Saturdays, Sundays, and legal holidays, the clerk of the political subdivision shall certify to the board the number of registered voters signing the petition.
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 F. Referendum on Continuation or Dissolution of District › Section 363.258. Election Order

Sec. 363.258.  ELECTION ORDER.  (a)  The board shall record on its minutes the date the petition is filed and the date it is certified by the clerk.
(b)  If the petition contains the required number of signatures and is in proper order, the board shall, at its next regular session after the certification by the clerk, order a referendum to be held at the regular polling place in each election precinct in the political subdivision on the next uniform election date authorized by Section 41.001(a), Election Code, that occurs at least 20 days after the date of the order.
(c)  The board shall state in the order the proposition to be voted on in the referendum.  The order is prima facie evidence of compliance with all provisions necessary to give it validity.
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 F. Referendum on Continuation or Dissolution of District › Section 363.259. Applicability of Election Code

Sec. 363.259.  APPLICABILITY OF ELECTION CODE.  A referendum authorized by this subchapter shall be held and the returns shall be prepared and canvassed in conformity with the Election Code.
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 F. Referendum on Continuation or Dissolution of District › Section 363.260. Results of Referendum

Sec. 363.260.  RESULTS OF REFERENDUM.  (a)  If less than a majority of the votes cast in a continuation referendum are for the continuation of a district or if a majority of the votes cast in a dissolution referendum are for dissolution of the district:
(1)  the board shall certify that fact to the secretary of state not later than the 10th day after the date of the canvass of the returns;  and
(2)  the district is dissolved and ceases to operate on the earlier of:
(A)  the last day of the district's fiscal year;  or
(B)  the 180th day after the date that the continuation or dissolution referendum is held.
(b)  If a majority of the votes cast in a continuation referendum are for the continuation of the district or if less than a majority of the votes cast in a dissolution referendum are for dissolution of the district, another referendum may not be held except as authorized by Section 363.251.
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. 6, 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 F. Referendum on Continuation or Dissolution of District › Section 363.261. Election Contest

Sec. 363.261.  ELECTION CONTEST.  Not later than the 30th day after the date the result of a referendum is declared, any qualified voter of the district may contest the election by filing a petition in a district court located in 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 F. Referendum on Continuation or Dissolution of District › Section 363.262. Effective Date of Tax Change

Sec. 363.262.  EFFECTIVE DATE OF TAX CHANGE.  (a)  If less than a majority of the votes cast in a continuation referendum are for the continuation of the district or if a majority of the votes cast in a dissolution referendum are for dissolution of the district, the board shall notify the comptroller in writing of the results of the referendum not later than the 10th day after the date the referendum returns are canvassed.
(b)  If the district is to be dissolved as a result of the referendum, the abolition of the local crime control sales and use tax takes effect on the first day of the first calendar quarter that occurs after the expiration of the first complete calendar quarter that occurs after the comptroller receives a notice of the results of the continuation or dissolution referendum.
(c)  If the comptroller determines that an effective date provided by Subsection (b) will occur before the comptroller can reasonably take the action required to implement abolition of the tax, the comptroller may extend the effective date until the final day of the succeeding calendar quarter.
Added by Acts 2001, 77th Leg., ch. 1263, 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 G. District Dissolution › Section 363.301. Time for Dissolution of District

Sec. 363.301.  TIME FOR DISSOLUTION OF DISTRICT.  (a)  The district is dissolved on the first uniform election date that occurs after the fifth anniversary of the date the district began to levy taxes for district purposes if the district has not held a continuation or dissolution referendum.
(b)  The district is dissolved on the first uniform election date that occurs after the fifth anniversary of the date of the most recent continuation or dissolution referendum.
(c)  Subsection (b) does not apply to a district that is continued under Section 363.2515, and that district is dissolved at the end of the period for which it was continued.
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(e), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1420 (S.B. 575), Sec. 1, eff. June 19, 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 364 - Enforcement of Public Camping Bans › Section 364.001. Definitions

Sec. 364.001.  DEFINITIONS.  In this chapter:
(1)  "Local entity" means:
(A)  the governing body of a municipality or county;
(B)  an officer or employee of or a division, department, or other body that is part of a municipality or county, including a sheriff, municipal police department, municipal attorney, or county attorney; and
(C)  a district attorney or criminal district attorney.
(2)  "Policy" includes a formal, written rule, ordinance, order, or policy and an informal, unwritten policy.
(3)  "Public camping ban" means a law, rule, ordinance, order, or other regulation that prohibits camping in a public place, including Section 48.05, Penal Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 677 (H.B. 1925), Sec. 3, eff. September 1, 2021.
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 364 - Enforcement of Public Camping Bans › Section 364.002. Policy on Camping Bans

Sec. 364.002.  POLICY ON CAMPING BANS.  (a)  A local entity may not adopt or enforce a policy under which the entity prohibits or discourages the enforcement of any public camping ban.
(b)  In compliance with Subsection (a), a local entity may not prohibit or discourage a peace officer or prosecuting attorney who is employed by or otherwise under the direction or control of the entity from enforcing a public camping ban.
(c)  This section does not prohibit a policy that encourages diversion or a provision of services in lieu of citation or arrest.
Added by Acts 2021, 87th Leg., R.S., Ch. 677 (H.B. 1925), Sec. 3, eff. September 1, 2021.
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 364 - Enforcement of Public Camping Bans › Section 364.003. Injunctive Relief

Sec. 364.003.  INJUNCTIVE RELIEF.  (a)  The attorney general may bring an action in a district court in Travis County or in a county in which the principal office of the entity is located to enjoin a violation of Section 364.002.
(b)  The attorney general may recover reasonable expenses incurred in obtaining relief under this section, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs.
Added by Acts 2021, 87th Leg., R.S., Ch. 677 (H.B. 1925), Sec. 3, eff. September 1, 2021.
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 364 - Enforcement of Public Camping Bans › Section 364.004. Denial of State Grant Funds

Sec. 364.004.  DENIAL OF STATE GRANT FUNDS.  (a)  A local entity may not receive state grant funds, and state grant funds for the local entity shall be denied, for the state fiscal year following the year in which a final judicial determination in an action brought under Section 364.003 is made that the entity has intentionally violated Section 364.002.
(b)  The comptroller shall adopt rules to implement this section uniformly among the state agencies from which state grant funds are distributed to a municipality or county.
(c)  A local entity that has not violated Section 364.002 may not be denied state grant funds, regardless of whether the entity is a part of another entity that is in violation of that section.
Added by Acts 2021, 87th Leg., R.S., Ch. 677 (H.B. 1925), Sec. 3, eff. September 1, 2021.
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 365 - Temporary Secure Weapon Storage for Certain Public Buildings › Section 365.001. Applicability

Sec. 365.001.  APPLICABILITY.  (a)  This chapter applies to a building or portion of a building:
(1)  that is:
(A)  used by a political subdivision of this state; and
(B)  generally open to the public; and
(2)  in which:
(A)  carrying a handgun or other firearm, location-restricted knife, club, or other weapon on the premises or part of the premises would violate Chapter 46, Penal Code, or other law; or
(B)  the political subdivision in control of the building, by sign or otherwise, prohibits handguns or other firearms, location-restricted knives, clubs, or other weapons on the premises or part of the premises.
(b)  This chapter does not apply to:
(1)  a penal institution, as that term is defined by Section 1.07, Penal Code; or
(2)  a public primary or secondary school or institution of higher education.
Added by Acts 2021, 87th Leg., R.S., Ch. 786 (H.B. 29), Sec. 2, eff. September 1, 2021.
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 365 - Temporary Secure Weapon Storage for Certain Public Buildings › Section 365.002. Temporary Secure Weapon Storage

Sec. 365.002.  TEMPORARY SECURE WEAPON STORAGE.  (a)  A political subdivision may provide temporary secure weapon storage for a building or portion of a building to which this chapter applies for persons who enter the building or portion of the building with a weapon prohibited in that building or portion of the building.
(b)  The temporary secure weapon storage may be provided by:
(1)  self-service weapon lockers described by Section 365.003; or
(2)  other temporary secure weapon storage operated at all times by a designated employee of the political subdivision under Section 365.004.
Added by Acts 2021, 87th Leg., R.S., Ch. 786 (H.B. 29), Sec. 2, eff. September 1, 2021.
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 365 - Temporary Secure Weapon Storage for Certain Public Buildings › Section 365.003. Self-Service Weapon Lockers for Temporary Secure Storage

Sec. 365.003.  SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY SECURE STORAGE.  (a)  A political subdivision may provide self-service weapon lockers for the temporary secure storage of any weapon prohibited in a building or portion of a building.
(b)  A self-service weapon locker must allow secure locking by the user and:
(1)  provide a key for reopening; or
(2)  reopen by electronic means, such as by a fingerprint scan or entry of a numeric code.
(c)  A political subdivision may require a person to submit the person's name, the number of the person's driver's license or other form of identification, and the person's telephone number as a condition for use of a self-service weapon locker.
(d)  A person placing a weapon in a self-service weapon locker may designate an alternate person to whom the weapon may be released if the person is not able to reclaim the person's weapon before the 30th day after the date the weapon was placed in the locker.
Added by Acts 2021, 87th Leg., R.S., Ch. 786 (H.B. 29), Sec. 2, eff. September 1, 2021.
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 365 - Temporary Secure Weapon Storage for Certain Public Buildings › Section 365.004. Temporary Secure Weapon Storage Administered by Employee of Political Subdivision

Sec. 365.004.  TEMPORARY SECURE WEAPON STORAGE ADMINISTERED BY EMPLOYEE OF POLITICAL SUBDIVISION.  (a)  A political subdivision may provide temporary secure weapon storage operated by a designated employee of the political subdivision for a building or portion of a building in which weapons are prohibited.
(b)  The weapons in temporary secure weapon storage must be held in a safe, locker, or other location that is locked and accessible only to the designated employee.
(c)  If a person chooses to give to the designated employee the person's weapon for temporary secure storage, the employee shall:
(1)  securely affix a claim tag to the weapon;
(2)  provide the person with a claim receipt for reclaiming the weapon;
(3)  record the person's name, the number of the person's driver's license or other form of identification, and the person's telephone number; and
(4)  if designated by the person placing the weapon in temporary secure weapon storage, record the name of an alternate person to whom the weapon may be released if the person is not able to reclaim the person's weapon before the 30th day after the date the weapon was placed in storage.
(d)  A person may reclaim the person's weapon by showing the designated employee operating the temporary secure weapon storage:
(1)  the claim receipt given to the person at the time the weapon was placed in temporary secure storage; or
(2)  the person's driver's license or other form of identification.
(e)  A political subdivision that provides temporary secure weapon storage under this section shall ensure that:
(1)  the temporary secure weapon storage is available and monitored by a designated employee of the political subdivision at all times that the building or portion of the building is open to the public; and
(2)  a person who is choosing to place the weapon in storage or retrieving the weapon from storage is not required to wait more than a reasonable period.
Added by Acts 2021, 87th Leg., R.S., Ch. 786 (H.B. 29), Sec. 2, eff. September 1, 2021.
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 365 - Temporary Secure Weapon Storage for Certain Public Buildings › Section 365.005. Fees

Sec. 365.005.  FEES.  A political subdivision under this chapter may collect a fee of not more than $5 for the use of a self-service weapon locker or other temporary secure weapon storage.
Added by Acts 2021, 87th Leg., R.S., Ch. 786 (H.B. 29), Sec. 2, eff. September 1, 2021.