CHAPTER 308. MUNICIPAL BANDS
LOCAL GOVERNMENT CODE
TITLE 10. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES
SUBTITLE A. MUNICIPAL PARKS AND OTHER RECREATIONAL AND CULTURAL
RESOURCES
CHAPTER 308. MUNICIPAL BANDS
Sec. 308.001. DEFINITION. In this chapter, "band" means a band
composed of musical instruments recognized in the standard
instrumentation established for use in United States Army bands.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 308.002. ESTABLISHMENT AND MAINTENANCE. (a) A
municipality may establish and maintain a band and appropriate
municipal funds for the maintenance and operation of the band as
determined by the municipal governing body.
(b) The total appropriation for the band for a year may not
exceed the equivalent of three-tenths of a cent for each one
dollar of taxable value of property within the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 308.003. ELECTION. (a) On receipt of a written petition
signed by a number of qualified property taxpaying voters equal
to at least 10 percent of the total number of votes cast in the
most recent municipal general election, the governing body of the
municipality shall submit to the voters of the municipality the
question of whether a band shall be established and maintained by
the municipality.
(b) To the extent possible, the election shall be held in
accordance with the law governing the municipality's general
elections.
(c) If a majority of the votes received are in favor of the
proposition to establish and maintain a band, the governing body
shall establish and maintain a band.
(d) If the proposition is defeated, on receipt of a similar
petition the municipality may hold subsequent elections for the
purpose of determining whether to establish and maintain a band.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 308.004. ELECTION TO DISCONTINUE BAND. (a) On receipt of
a petition meeting the requirements of Section 308.003, the
governing body of the municipality shall hold an election to
determine whether to discontinue a band previously established
under this chapter. The election shall be conducted in the same
manner as the election establishing the band.
(b) If a majority of the votes received are in favor of the
proposition to discontinue the band, the governing body shall
discontinue the band and municipal maintenance of the band.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 308.005. FREQUENCY OF ELECTIONS. A municipality may not
hold two elections under this chapter within a period of less
than two years.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 308.006. ORDINANCES. The governing body of the
municipality may adopt any ordinance or resolution to enable the
municipality to maintain the band.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 308.007. CITIZEN COMMISSION. The governing body of the
municipality shall appoint a nonpartisan citizen commission
composed of three, four, or five members to negotiate contracts,
formulate rules, and do all other things necessary or proper to
establish, control, and maintain the band.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 308.008. EFFECT OF LAW ON OTHER POWERS. This chapter does
not affect any special charter granted by the legislature, or any
charter adopted by the voters, before August 23, 1925.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.