|
<br />(d) The governing body shall fill a vacancy in the office of
<br />a temporary director in the same manner that it originally filled
<br />the vacant position.
<br />(e) The term "governing body" in this section means the
<br />mayor if the municipality creating the district has a population of
<br />1.9 million or mor e.
<br />Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1, 2001.
<br />Sec. 344.053. ELECTION REQUIRED. A proposed district may
<br />be created and a distr ict tax may be author ized only if the creation
<br />and the tax are approved by a majority of the qualified voters of
<br />the proposed distr ict voting at an election called and held for that
<br />purpose.
<br />Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1, 2001.
<br />Sec. 344.054. CONFIRMATION ELECTION ORDER. (a) The
<br />temporary board may call and hold a confirmation election only
<br />after the board adopts plans under Sect ion 344.061.
<br />(b) An order calling an election under Subsection (a) must
<br />state:
<br />(1) the nature of the election, including the
<br />proposition that is to appear on the ballot;
<br />(2) the date of the election;
<br />(3) the hours during which the polls will be open;
<br />(4) the location of the polling places;
<br />(5) a summary of the proposed district's budget plan
<br />and fire control, prevention, and emergency medical services plan;
<br />and
<br />(6) the proposed rate of the sales and use tax for the
<br />district.
<br />Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1,2001.
<br />Sec. 344.055. SALES AND USE TAX. (a) A municipality that
<br />creates a district shall adopt a sales and use tax under Section
<br />321.106, Tax Code, for financing the operation of the district. The
<br />proposed rate for the district sales and use tax imposed under
<br />Subchapter B, Chapter 321, Tax Code, may be only:
<br />(1) one-eighth of one percent;
<br />(2) one-fourth of one percent;
<br />(3) three-eighths of one percent; or
<br />(4) one-half of one percent.
<br />(b) A sales and use tax adopted under this chapter may be
<br />charged in addition to any other sales and use tax authorized by
<br />law, and is included in computing a combined sales and use tax rate
<br />for purposes of any limitation provided by law on the maximum
<br />combined sales and use tax rate of political subdivisions.
<br />Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1,2001.
<br />Sec. 344.056. NOTICE OF ELECTION. In addition to the
<br />notice required by Section4.Q03(c), Election Coqe, the temporary
<br />directors of a proposed distr ict shall give notice of an election to
<br />create a district by publishing a substantial copy of the election
<br />order in a newspaper with general circulation in the proposed
<br />district once a week for two consecutive weeks. The first
<br />publication must appear before the 35th day before the date set for
<br />the election.
<br />Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1,2001.
<br />Sec. 344.057. ELECTION DATE. The election shall be held on
<br />the next uniform election date authorized by Section 41.001(a),
<br />Election Code, after the date on which the election is ordered that
<br />affords sufficient time for election procedures to be carr ied out.
<br />Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1,2001.
<br />Sec. 344.058. BALLOT PROPOSITION. The ballot for an
<br />election to create a district shall be printed to permit voting for
<br />or against the proposition: "The creation of the (name of
<br />the municipality proposing to create the district) Fire Control,
<br />Prevention, and Emergency Medical Services District dedicated to
<br />fire safety and emergency medical services programs and the
<br />adoption of a proposed local sales and use tax at a rate of
<br />(rate specified in the election order)."
<br />Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eft. June 1, 200l.
<br />Sec. 344.059. CANVASSING RETURNS. (a) Not ear lier than
<br />the second day and not later than the 13th day after the date of the
<br />election, the temporary board shall meet and canvass the returns of
<br />the election.
<br />(b) If a majority of the votes cast in the election favor the
<br />creation of the district, the temporary board shall issue an order
<br />declaring the district created.
<br />(c) If less than a majority of the votes cast in the election
<br />
<br />2
<br />
|