Bill Text: TX SB1804 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to public health and safety; authorizing the imposition of a tax.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Vetoed) 2019-06-05 - Vetoed by the Governor [SB1804 Detail]
Download: Texas-2019-SB1804-Enrolled.html
S.B. No. 1804 |
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relating to public health and safety; authorizing the imposition of | ||
a tax. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 17.49, Code of Criminal Procedure, is | ||
amended by adding Subsections (m), (n), (o), (p), (q), (r), (s), and | ||
(t) to read as follows: | ||
(m) As soon as possible but not later than the next business | ||
day after the date the magistrate issues an order imposing a | ||
condition of bond or modifying or removing a condition imposed | ||
under this article, the magistrate shall send a copy of the order to | ||
the appropriate attorney representing the state and either to the | ||
chief of police in the municipality where the victim of the offense | ||
resides, if the victim resides in a municipality, or to the sheriff | ||
of the county where the victim resides, if the victim does not | ||
reside in a municipality. The clerk of the court shall send a copy | ||
of the order to the victim at the victim's last known address as | ||
soon as possible but not later than the next business day after the | ||
date the order is issued. | ||
(n) A magistrate or clerk of the court may delay sending a | ||
copy of the order under Subsection (m) only if the magistrate or | ||
clerk lacks information necessary to ensure service and | ||
enforcement. | ||
(o) If an order described by Subsection (m) prohibits a | ||
defendant from going to or near a child care facility or school, the | ||
magistrate shall send a copy of the order to the applicable child | ||
care facility or school. | ||
(p) The copy of the order and any related information may be | ||
sent under Subsection (m) or (o) electronically or in another | ||
manner that can be accessed by the recipient. | ||
(q) If the victim of the offense is not present when an order | ||
described by Subsection (m) is issued, the magistrate shall order a | ||
peace officer to make a good faith effort to provide notice of the | ||
order to the victim within 24 hours by calling the victim's last | ||
known phone number. | ||
(r) Not later than the third business day after the date of | ||
receipt of the copy of an order described by Subsection (m) by the | ||
applicable law enforcement agency, the law enforcement agency shall | ||
enter the following information into the statewide law enforcement | ||
information system maintained by the Department of Public Safety or | ||
shall modify or remove that information, as appropriate: | ||
(1) the information listed in Section 411.042(b)(6), | ||
Government Code, as that information relates to an order issued | ||
under this article; | ||
(2) the date the order releasing the defendant on bond | ||
was issued; and | ||
(3) the court that issued the order releasing the | ||
defendant on bond. | ||
(s) The law enforcement agency shall enter the information | ||
described by Subsection (r) into the statewide law enforcement | ||
information system maintained by the Department of Public Safety: | ||
(1) in the same manner that the agency enters the | ||
information into the system for a protective order or magistrate's | ||
order of emergency protection; and | ||
(2) regardless of whether a protective order or | ||
magistrate's order of emergency protection: | ||
(A) has been issued or has been entered into the | ||
system with respect to the defendant; or | ||
(B) protects the same person as a condition of | ||
bond in an order described by Subsection (m). | ||
(t) The Department of Public Safety shall modify the | ||
department's statewide law enforcement information system to: | ||
(1) enable the system to accept and maintain detailed | ||
information regarding the requirements and status of a condition of | ||
bond imposed under this article, including information described by | ||
Subsection (r), so that a peace officer may: | ||
(A) easily and quickly search the system by one | ||
or more criteria related to the information described by Subsection | ||
(r), including the name of the defendant on whom the condition is | ||
imposed; and | ||
(B) retrieve the information necessary to | ||
enforce the condition of bond or prevent a violation of the | ||
condition; and | ||
(2) ensure that a person who accesses the system for | ||
the purpose of entering, modifying, or removing information that | ||
relates to a condition of bond imposed under this article may add or | ||
remove notes regarding the condition, the defendant on whom the | ||
condition is imposed, or the person protected by the condition. | ||
SECTION 2. Subchapter A, Chapter 772, Government Code, is | ||
amended by adding Section 772.0077 to read as follows: | ||
Sec. 772.0077. GRANT PROGRAM FOR MONITORING DEFENDANTS AND | ||
VICTIMS IN FAMILY VIOLENCE CASES. (a) In this section: | ||
(1) "Criminal justice division" means the criminal | ||
justice division established under Section 772.006. | ||
(2) "Family violence" has the meaning assigned by | ||
Section 71.004, Family Code. | ||
(b) The criminal justice division shall establish and | ||
administer a grant program to reimburse counties for all or part of | ||
the costs incurred by counties as a result of monitoring in cases | ||
involving family violence defendants and victims who participate in | ||
a global positioning monitoring system under Article 17.292 or | ||
17.49, Code of Criminal Procedure. A grant recipient may use funds | ||
from a grant awarded under the program only for monitoring | ||
conducted for the purpose of restoring a measure of security and | ||
safety for a victim of family violence. | ||
(c) The criminal justice division shall establish: | ||
(1) additional eligibility criteria for grant | ||
applicants; | ||
(2) grant application procedures; | ||
(3) guidelines relating to grant amounts; | ||
(4) procedures for evaluating grant applications; and | ||
(5) procedures for monitoring the use of a grant | ||
awarded under the program and ensuring compliance with any | ||
conditions of a grant. | ||
(d) The criminal justice division shall include in the | ||
biennial report required by Section 772.006(a)(9) a detailed | ||
reporting of the results and performance of the grant program | ||
administered under this section. | ||
(e) The criminal justice division may use any revenue | ||
available for purposes of this section. | ||
SECTION 3. Section 1061.151(b), Special District Local Laws | ||
Code, is amended to read as follows: | ||
(b) The proposed budget must contain a complete financial | ||
statement of: | ||
(1) the outstanding obligations of the district; | ||
(2) the cash on hand in each district fund; | ||
(3) the money received by the district from all | ||
sources during the previous year; | ||
(4) the money available to the district from all | ||
sources during the ensuing year; | ||
(5) the balances expected at the end of the year in | ||
which the budget is being prepared; | ||
(6) the estimated revenue and balances available to | ||
cover the proposed budget; | ||
(7) the estimated ad valorem tax rate required; and | ||
(8) the proposed expenditures and disbursements and | ||
the estimated receipts and collections for the following fiscal | ||
year. | ||
SECTION 4. The heading to Subchapter F, Chapter 1061, | ||
Special District Local Laws Code, is amended to read as follows: | ||
SUBCHAPTER F. AD VALOREM TAXES | ||
SECTION 5. Chapter 1061, Special District Local Laws Code, | ||
is amended by adding Subchapter G to read as follows: | ||
SUBCHAPTER G. SALES AND USE TAX | ||
Sec. 1061.301. TAX AUTHORIZED. (a) The district may | ||
adopt, change the rate of, or abolish a sales and use tax at an | ||
election held in the district. | ||
(b) The district may not adopt a tax under this subchapter | ||
or increase the rate of the tax if as a result of the adoption of the | ||
tax or the tax increase the combined rate of all sales and use taxes | ||
imposed by the district and all other political subdivisions of | ||
this state having territory in the district would exceed two | ||
percent in any location in the district. | ||
Sec. 1061.302. APPLICABILITY OF OTHER LAW. Except to the | ||
extent that a provision of this subchapter applies, Chapter 323, | ||
Tax Code, applies to a tax authorized by this subchapter in the same | ||
manner as that chapter applies to the tax authorized by that | ||
chapter. | ||
Sec. 1061.303. TAX RATE; CHANGE IN RATE. (a) The district | ||
may impose a tax authorized by this subchapter in increments of | ||
one-eighth of one percent, with a minimum rate of one-eighth of one | ||
percent and a maximum rate of two percent. | ||
(b) The district may increase the rate of a tax authorized | ||
by this subchapter to a maximum of two percent or decrease the rate | ||
of the tax to a minimum of one-eighth of one percent if the change is | ||
approved by a majority of the voters of the district at an election | ||
called for that purpose. | ||
Sec. 1061.304. ELECTION PROCEDURE. An election to adopt, | ||
change the rate of, or abolish a tax authorized by this subchapter | ||
is called by the adoption of an order of the board. The board may | ||
call an election on its own motion and shall call an election if a | ||
number of qualified voters in the district equal to at least five | ||
percent of the number of registered voters in the district | ||
petitions the board to call the election. | ||
Sec. 1061.305. ELECTION IN OTHER TAXING AUTHORITY. (a) In | ||
this section, "taxing authority" means any entity authorized to | ||
impose a local sales and use tax. | ||
(b) If the district is included within the boundaries of | ||
another taxing authority and the adoption or increase in the rate of | ||
a tax under this subchapter would result in a combined tax rate by | ||
the district and other political subdivisions of this state of more | ||
than two percent at any location in the district, an election to | ||
approve or increase the rate of the tax has no effect unless: | ||
(1) one or more of the other taxing authorities holds | ||
an election in accordance with the law governing that authority on | ||
the same date as the election under this subchapter to reduce the | ||
tax rate of that authority to a rate that will result in a combined | ||
tax rate by the district and other political subdivisions of not | ||
more than two percent at any location in the district; and | ||
(2) the combined tax rate is reduced to not more than | ||
two percent as a result of that election. | ||
(c) This section does not permit a taxing authority to | ||
impose taxes at differential tax rates within the territory of the | ||
authority. | ||
Sec. 1061.306. TAX EFFECTIVE DATE. (a) The adoption, | ||
change in the rate of, or abolition of a tax under this subchapter | ||
takes effect on the first day of the first calendar quarter | ||
occurring after the expiration of the first complete calendar | ||
quarter occurring after the date on which the comptroller receives | ||
notice of the results of an election to adopt, change the rate of, | ||
or abolish the tax. | ||
(b) If the comptroller determines that an effective date | ||
provided by Subsection (a) will occur before the comptroller can | ||
reasonably take the action required to begin collecting the tax or | ||
to implement the change in the rate of the tax or the abolition of | ||
the tax, the effective date may be extended by the comptroller until | ||
the first day of the next calendar quarter. | ||
Sec. 1061.307. USE OF TAX REVENUE. Revenue from a tax | ||
imposed under this subchapter may be used by the district for any | ||
purpose of the district authorized by law. | ||
SECTION 6. Section 26.012(1), Tax Code, is amended to read | ||
as follows: | ||
(1) "Additional sales and use tax" means an additional | ||
sales and use tax imposed by: | ||
(A) a city under Section 321.101(b); | ||
(B) a county under Chapter 323; or | ||
(C) a hospital district, other than a hospital | ||
district: | ||
(i) created on or after September 1, 2001, | ||
that: | ||
(a) [ |
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tax under Subchapter I, Chapter 286, Health and Safety Code; or | ||
(b) [ |
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tax under Subchapter L, Chapter 285, Health and Safety Code; or | ||
(ii) that imposes the sales and use tax | ||
under Subchapter G, Chapter 1061, Special District Local Laws Code. | ||
SECTION 7. Notwithstanding Section 1(b), Chapter 790 (H.B. | ||
2662), Acts of the 85th Legislature, Regular Session, 2017, Section | ||
401.207(g), Health and Safety Code, as amended by that Act, takes | ||
effect September 1, 2021. | ||
SECTION 8. Notwithstanding Section 3(b), Chapter 790 (H.B. | ||
2662), Acts of the 85th Legislature, Regular Session, 2017, Section | ||
401.2445, Health and Safety Code, as added by that Act, takes effect | ||
September 1, 2021. | ||
SECTION 9. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1804 passed the Senate on | ||
April 11, 2019, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 25, 2019, by the | ||
following vote: Yeas 27, Nays 3. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1804 passed the House, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 142, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |