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.