Title
Discuss the process/timeline for renewal of the Crime Control Prevention District and the Fire Control, Prevention, and Emergency Medical Services District.
Body
Summary:
The Deer Park Crime Control Prevention District (CCPD) and the Deer Park Fire Control, Prevention, and Emergency Medical Services District (FCPEMSD) were approved by the voters in Deer Park on May 11, 2011. Pursuant to their respective statutes, each district will dissolve five years after the date the municipality began to impose taxes for district purposes if the district has not held a continuation referendum (see the attached letters from the Texas Comptroller of Public Accounts).
In 2016, both boards called a referendum election to extend the districts for an additional 10 years and approved a joint election agreement with the City of Deer Park to hold the election. The 10 years is up in 2026 but it is being requested that we hold the election in 2025. One of the reasons to hold in 2025 vs 2026 is, if the election fails in 2025, the districts can still hold another election in 2026 (which is one year later).
Each district board may call and hold a referendum election on the question of whether to continue the district. The board may order a referendum election on its own motion by a majority of its members. The board shall order a referendum election: (1) on receipt of a petition that requests continuation of the district and complies with certain statutory requirements; or (2) if the majority of the governing body of the municipality that created the district, after notice and a public hearing on the matter, by resolution requests a referendum on continuation.
The board may not hold a referendum election before the fourth anniversary of the date the district was created.
For the FCPEMSD, the governing body of a municipality that creates a district under this chapter may specify the number of years for which the district should be continued. The board or the governing body of a municipality may propose continuation of a district for 5, 10, 15, or 20 years.
For the CCPD, (a) the board 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.
A continuation election planned for May 2025 should be called between February 3 and February 14, 2025.
A plan for district continuation should be developed well in advance of the time period for calling a continuation election. Below is a proposed timeline for workshops/meetings related to the CCPD and FCPEMSD renewal:
• October 21, 2024 - Discussion to occur at each regular meeting to kickoff discussion about renewal of the districts.
• December 10, 2024 - Joint CCPD and FCPEMSD Workshop to discuss plans for renewal of the districts.
• January 6, 2025 - Joint CCPD and FCPEMSD Workshop to discuss and finalize plans for renewal of the districts.
• January 21, 2025 - Presentation of plans for renewal elections for the districts presented to City Council.
• February 3, 2025 - Each district board will conduct a separate special meeting to call a district renewal election.
The Board may wish to authorize preparation of certain factual information (brochure, pamphlet, newsletter, website, social media, etc.) explaining plan for the proposed district continuation referendum. “Political advertising” by the District or City advocating passage of the district sales tax is prohibited by law. However, the Texas Ethics Commission (TEC) can review proposed factual literature and issue an advisory opinion to determine whether or not the literature constitutes political advertising or not. Any submitted to TEC for such a review would need to be submitted far enough in advance of the election to allow the TEC staff time to review and for the TEC to make a determination.
"Political advertising" means a communication supporting or opposing a candidate for nomination or election to a public office or office of a political party, a political party, a public officer, or a measure that:
(A) in return for consideration, is published in a newspaper, magazine, or other periodical or is broadcast by radio or television; or
(B) appears:
(i) in a pamphlet, circular, flier, billboard or other sign, bumper sticker, or similar form of written communication; or
(ii) on an Internet website.
A pamphlet published by the Texas Ethics Commission explaining political advertising is attached. The pamphlet that was approved and used in the 2016 election is attached. The pamphlet combined both districts as one.
Fiscal/Budgetary Impact:
The cost of a newsletter publication and the renewal election is not included in each district’s FY 2024-2025 budget so it would require a budget amendment.
Recommended action
Discussion only.