83R3867 JXC-D
By: Marquez H.B. No. 685
A BILL TO BE ENTITLED
AN ACT
relating to commissioners court oversight of certain emergency
services districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 775, Health and Safety Code, is amended
by adding Subchapter K to read as follows:
SUBCHAPTER K. DISTRICTS IN CERTAIN COUNTIES
Sec. 775.301. DEFINITION. In this subchapter,
"commissioners court" means the commissioners court of a county
that borders the United Mexican States and has a population of more
than 800,000.
Sec. 775.302. APPLICABILITY; SUBCHAPTER SUPERSEDES. (a)
This subchapter applies only to a district that is located wholly or
partly in a county that borders the United Mexican States and has a
population of more than 800,000.
(b) This subchapter controls over a provision of this
chapter or other law to the extent of a conflict.
Sec. 775.303. POWERS RELATING TO DISTRICT PROPERTY,
FACILITIES, AND EQUIPMENT. (a) With the approval of the
commissioners court, the board may construct, acquire, lease, add
to, maintain, operate, develop, regulate, sell, exchange, and
convey any property, property right, equipment, facility, or system
to maintain a building or other facility or to provide a service
required by the district.
(b) Notwithstanding any other law, the board may, with the
approval of the commissioners court, lease undeveloped real
property for not more than 50 years to provide for the development
and construction of facilities designed to generate revenue for the
financial benefit of the district. The board, directly or through
a nonprofit corporation, may contract or enter into a joint venture
with a public or private entity as necessary to enter into a lease
under this subsection.
(c) The board may not borrow money or make other financial
arrangements under Section 775.085 unless the commissioners court
approves the transaction.
Sec. 775.304. CONTRACTING AUTHORITY. (a) With the
approval of the commissioners court, the board may, in performing
its powers under Section 775.303, contract or cooperate with:
(1) the federal government;
(2) this state;
(3) another governmental entity; or
(4) a privately owned or operated hospital.
(b) The district may not enter into a contract with a local
government under Section 775.0366 unless the commissioners court
approves that contract.
(c) The board shall encourage and promote participation by
all sectors of the business community, including small businesses
and businesses owned by members of a minority group or by women, in
the process by which the district enters into contracts. The board
shall develop a plan for the district to identify and remove
barriers that do not have a definite or objective relationship to
quality or competence and that unfairly discriminate against small
businesses and businesses owned by members of a minority group or by
women. These barriers may include contracting procedures and
contract specifications or conditions.
Sec. 775.305. COUNTY AUTHORITY TO SELL, LEASE, AND PURCHASE
FACILITIES FOR DISTRICT PURPOSES. (a) The commissioners court may
sell real or personal property in order to enter into a contract to:
(1) lease or rent buildings, land, facilities,
equipment, or services from others for district purposes;
(2) construct, repair, renovate, improve, or enlarge
buildings, land, facilities, or equipment for district purposes;
and
(3) pay regular monthly utility bills, including
electricity, gas, and water bills, for the leased or rented
buildings, land, facilities, equipment, or services.
(b) The commissioners court may pay for the facilities,
equipment, and services and for the regular monthly utility bills
for those facilities, equipment, and services from the county's
general fund if a majority of the commissioners court considers the
facilities, equipment, and services essential to the proper
administration of the county.
(c) A construction project under this section shall be let
by contract. The contract must contain the prevailing wage for
mechanics, laborers, and other persons employed in the project.
(d) On or before the expiration of the lease or rental
contract, the county may purchase the facilities with county
general funds if a majority of the commissioners court considers
the purchase price reasonable.
Sec. 775.306. PURCHASING PROCEDURES. A district shall
purchase items in accordance with the same procedures and subject
to the same requirements applicable to a county under Subchapter C,
Chapter 262, Local Government Code. For the purposes of this
section, a district is treated as if it were a county.
Sec. 775.307. BUDGET. The board shall prepare an annual
budget. The board shall present the annual budget to the
commissioners court for final approval.
Sec. 775.308. AD VALOREM TAX. (a) With respect to the
imposition or collection of an ad valorem tax imposed for the
benefit of a district to which this subchapter applies, the
commissioners court has the authority assigned by law to the board
of the district, including the authority to:
(1) adopt an exemption, partial exemption, or other
form of relief from an ad valorem tax;
(2) elect to tax property that would otherwise be
exempt from an ad valorem tax;
(3) exercise a power granted to a taxing unit under
Section 6.30, Tax Code; and
(4) determine whether the district may call an
election under Section 775.0745 to increase the district's tax
rate.
(b) The board of a district to which this subchapter applies
may not exercise a power granted by Subsection (a) to the
commissioners court with respect to the imposition or collection of
an ad valorem tax imposed for the benefit of the district.
SECTION 2. This Act takes effect September 1, 2013.