Texas 2013 - 83rd Regular

Texas House Bill HB685 Compare Versions

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1	1	83R18009 JXC-F
2	2	By: Marquez, N. Gonzalez of El Paso H.B. No. 685
3	3	Substitute the following for H.B. No. 685:
4	4	By: Hunter C.S.H.B. No. 685
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to commissioners court oversight of certain emergency
10	10	services districts.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 775, Health and Safety Code, is amended
13	13	by adding Subchapter K to read as follows:
14	14	SUBCHAPTER K. DISTRICTS IN CERTAIN COUNTIES
15	15	Sec. 775.301. DEFINITION. In this subchapter,
16	16	"commissioners court" means the commissioners court of a county
17	17	that borders the United Mexican States, has a population of more
18	18	than 800,000, and appoints a board of emergency services
19	19	commissioners under this chapter.
20	20	Sec. 775.302. APPLICABILITY. (a) This subchapter applies
21	21	only to a district that is located wholly in a county that borders
22	22	the United Mexican States, that has a population of more than
23	23	800,000, and for which the commissioners court appoints a board of
24	24	emergency services commissioners under Section 775.034.
25	25	(b) This subchapter controls over a provision of this
26	26	chapter or other law to the extent of a conflict.
27	27	Sec. 775.303. DELEGATION OR WAIVER BY COMMISSIONERS COURT.
28	28	(a) The commissioners court may adopt a resolution to:
29	29	(1) delegate to the board of a district a duty assigned
30	30	to the commissioners court under this subchapter that relates to
31	31	that district; or
32	32	(2) waive a requirement in this subchapter that the
33	33	commissioners court approve an action of a district.
34	34	(b) A resolution adopted under this section may apply to
35	35	more than one board or district.
36	36	(c) The commissioners court may by resolution terminate the
37	37	delegation of a duty or the waiver of an approval requirement.
38	38	Sec. 775.304. POWERS RELATING TO DISTRICT PROPERTY,
39	39	FACILITIES, AND EQUIPMENT. (a) The commissioners court may
40	40	establish policies and procedures the board must comply with when:
41	41	(1) constructing, purchasing, acquiring, contracting
42	42	for, leasing, adding to, maintaining, operating, developing,
43	43	regulating, selling, exchanging, or conveying real or personal
44	44	property, a property right, equipment, goods, services, a facility,
45	45	or a system to maintain a building or other facility or to provide a
46	46	service to or required by the district; or
47	47	(2) providing services through and using public funds
48	48	for a volunteer fire department or emergency service provider.
49	49	(b) The policies and procedures:
50	50	(1) may include requiring the board to submit to the
51	51	commissioners court periodic reports on the district's compliance
52	52	with the policies and procedures;
53	53	(2) must establish the types of transactions,
54	54	including maximum dollar amounts, the board may make when
55	55	conducting an activity described by Subsection (a) without the
56	56	approval of the commissioners court, if any;
57	57	(3) must designate by name, title, or position a
58	58	person in the county as the primary point of contact between the
59	59	commissioners court and the board; and
60	60	(4) may not be established until the commissioners
61	61	court consults with the board.
62	62	(c) This section does not authorize the commissioners court
63	63	or the board to use real or personal property, a property right,
64	64	equipment, a facility, or a system to provide a telecommunications
65	65	service, advanced communications service, or information service
66	66	as defined by 47 U.S.C. Section 153, or a video service as defined
67	67	by Section 66.002, Utilities Code.
68	68	Sec. 775.305. BUDGET. (a) The commissioners court shall
69	69	establish a schedule for a district to prepare an annual budget, tax
70	70	rate calculations and notices, and a recommended tax rate and to
71	71	submit the budget, calculations, notices, and recommendation to the
72	72	commissioners court for final approval.
73	73	(b) The schedule must take into account requirements of this
74	74	chapter, Chapter 26, Tax Code, and Section 21, Article VIII, Texas
75	75	Constitution, applicable to adopting a district tax rate and
76	76	provide the commissioners court a reasonable amount of time to
77	77	review the submissions required under Subsection (a).
78	78	(c) The board shall:
79	79	(1) prepare an annual budget and submit the budget to
80	80	the commissioners court for final approval according to the
81	81	schedule established under this section; and
82	82	(2) submit to the commissioners court and the county
83	83	auditor tax rate calculations and notices and a recommended tax
84	84	rate according to the schedule established under this section.
85	85	(d) If the commissioners court does not approve or deny a
86	86	budget submitted to the commissioners court under this section
87	87	before the 31st day after the date the budget is submitted, the
88	88	commissioners court is considered to have approved the budget.
89	89	(e) If the commissioners court does not approve or deny a
90	90	tax rate recommended to the commissioners court under this section
91	91	before the 31st day after the date the recommended tax rate is
92	92	submitted, the commissioners court is considered to have approved
93	93	the recommended tax rate and the recommended tax rate is the rate
94	94	for the year in which the rate is recommended.
95	95	Sec. 775.306. BUSINESS PARTICIPATION. The board shall
96	96	encourage and promote participation by all sectors of the business
97	97	community, including small businesses and businesses owned by
98	98	members of a minority group or by women, in the process by which the
99	99	district enters into contracts. The board shall develop a plan for
100	100	the district to identify and remove barriers that do not have a
101	101	definite or objective relationship to quality or competence and
102	102	that unfairly discriminate against small businesses and businesses
103	103	owned by members of a minority group or by women. These barriers
104	104	may include contracting procedures and contract specifications or
105	105	conditions.
106	106	SECTION 2. (a) Except as provided by Subsection (b) of this
107	107	section, this Act takes effect September 1, 2013.
108	108	(b) Section 775.305, Health and Safety Code, as added by
109	109	this Act, takes effect January 1, 2014.