Texas 2009 - 81st Regular

Texas Senate Bill SJR43 Compare Versions

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1	1	By: Lucio S.J.R. No. 43
2	2	SENATE JOINT RESOLUTION
3	3
4	4
5	5	SENATE JOINT RESOLUTION
6	6	proposing a constitutional amendment to authorize the voters of an
7	7	emergency services district that has been authorized by those
8	8	voters to impose an ad valorem tax at a rate not to exceed 10 cents
9	9	on the $100 valuation to authorize by election, after an audit and a
10	10	capital improvements plan, the levy of an additional ad valorem
11	11	tax, at a rate not to exceed five cents on the $100 valuation, for
12	12	the construction or acquisition of fire stations, equipment, and
13	13	other property.
14	14	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 48-e, Article III, Texas Constitution,
16	16	is amended to read as follows:
17	17	Sec. 48-e. EMERGENCY SERVICES DISTRICTS. (a) Laws may be
18	18	enacted to provide for the establishment and creation of special
19	19	districts to provide emergency services and to authorize the
20	20	commissioners courts of participating counties to levy a tax on the
21	21	ad valorem property situated in said districts at a rate not to
22	22	exceed 10 cents [Ten Cents (10)] on the $100 [One Hundred Dollars
23	23	($100.00)] valuation for the operating and capital support thereof
24	24	and, subject to Subsections (b) and (c) of this section, at a rate
25	25	not to exceed five cents on the $100 valuation for the construction
26	26	of fire stations and other facilities used to provide emergency
27	27	services or the acquisition of land, equipment, or apparatus. No[;
28	28	provided that no] tax shall be levied in support of said districts
29	29	until approved by a vote of the qualified voters residing therein.
30	30	Such a district may provide emergency medical services, emergency
31	31	ambulance services, rural fire prevention and control services, or
32	32	other emergency services authorized by the Legislature.
33	33	(b) The tax described by Subsection (a) of this section for
34	34	the exclusive purposes of construction of fire stations and other
35	35	facilities used to provide emergency services or the acquisition of
36	36	land, equipment, or apparatus may be levied only for a district that
37	37	is authorized to levy a tax on ad valorem property at the maximum
38	38	rate provided by Subsection (a) of this section of 10 cents on the
39	39	$100 valuation for any purpose and that has complied with audit
40	40	requirements and adopted a capital improvements plan as provided by
41	41	law.
42	42	(c) A district that conducts an election to allow the voters
43	43	of the district to approve a tax exclusively for the purposes of
44	44	construction of fire stations and other facilities used to provide
45	45	emergency services or the acquisition of land, equipment, or
46	46	apparatus may not assess the tax described by this subsection at a
47	47	rate greater than three cents on the $100 valuation or the rate
48	48	approved by the voters, whichever is less, earlier than two years
49	49	after the date of approval. Thereafter, the district may assess the
50	50	tax at the rate approved by the voters, if greater than three cents
51	51	on the $100 valuation, or may conduct a subsequent election,
52	52	subject to the requirements provided by law for the first election,
53	53	to approve the tax at a rate not to exceed five cents on the $100
54	54	valuation. The Legislature by law may provide for other
55	55	circumstances and limit the timing and frequency of elections held
56	56	under this section.
57	57	SECTION 2. This proposed constitutional amendment shall be
58	58	submitted to the voters at an election to be held November 3, 2009.
59	59	The ballot shall be printed to permit voting for or against the
60	60	proposition: "The constitutional amendment to authorize the voters
61	61	of certain emergency services districts to approve by election,
62	62	after an audit and adoption of a capital improvements plan, an ad
63	63	valorem tax at a rate not to exceed five cents for the construction
64	64	or acquisition of fire stations, equipment, and other property."