83R18009 JXC-F
By: Marquez, N. Gonzalez of El Paso H.B. No. 685
Substitute the following for H.B. No. 685:
By: Hunter C.S.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, has a population of more
than 800,000, and appoints a board of emergency services
commissioners under this chapter.
Sec. 775.302. APPLICABILITY. (a) This subchapter applies
only to a district that is located wholly in a county that borders
the United Mexican States, that has a population of more than
800,000, and for which the commissioners court appoints a board of
emergency services commissioners under Section 775.034.
(b) This subchapter controls over a provision of this
chapter or other law to the extent of a conflict.
Sec. 775.303. DELEGATION OR WAIVER BY COMMISSIONERS COURT.
(a) The commissioners court may adopt a resolution to:
(1) delegate to the board of a district a duty assigned
to the commissioners court under this subchapter that relates to
that district; or
(2) waive a requirement in this subchapter that the
commissioners court approve an action of a district.
(b) A resolution adopted under this section may apply to
more than one board or district.
(c) The commissioners court may by resolution terminate the
delegation of a duty or the waiver of an approval requirement.
Sec. 775.304. POWERS RELATING TO DISTRICT PROPERTY,
FACILITIES, AND EQUIPMENT. (a) The commissioners court may
establish policies and procedures the board must comply with when:
(1) constructing, purchasing, acquiring, contracting
for, leasing, adding to, maintaining, operating, developing,
regulating, selling, exchanging, or conveying real or personal
property, a property right, equipment, goods, services, a facility,
or a system to maintain a building or other facility or to provide a
service to or required by the district; or
(2) providing services through and using public funds
for a volunteer fire department or emergency service provider.
(b) The policies and procedures:
(1) may include requiring the board to submit to the
commissioners court periodic reports on the district's compliance
with the policies and procedures;
(2) must establish the types of transactions,
including maximum dollar amounts, the board may make when
conducting an activity described by Subsection (a) without the
approval of the commissioners court, if any;
(3) must designate by name, title, or position a
person in the county as the primary point of contact between the
commissioners court and the board; and
(4) may not be established until the commissioners
court consults with the board.
(c) This section does not authorize the commissioners court
or the board to use real or personal property, a property right,
equipment, a facility, or a system to provide a telecommunications
service, advanced communications service, or information service
as defined by 47 U.S.C. Section 153, or a video service as defined
by Section 66.002, Utilities Code.
Sec. 775.305. BUDGET. (a) The commissioners court shall
establish a schedule for a district to prepare an annual budget, tax
rate calculations and notices, and a recommended tax rate and to
submit the budget, calculations, notices, and recommendation to the
commissioners court for final approval.
(b) The schedule must take into account requirements of this
chapter, Chapter 26, Tax Code, and Section 21, Article VIII, Texas
Constitution, applicable to adopting a district tax rate and
provide the commissioners court a reasonable amount of time to
review the submissions required under Subsection (a).
(c) The board shall:
(1) prepare an annual budget and submit the budget to
the commissioners court for final approval according to the
schedule established under this section; and
(2) submit to the commissioners court and the county
auditor tax rate calculations and notices and a recommended tax
rate according to the schedule established under this section.
(d) If the commissioners court does not approve or deny a
budget submitted to the commissioners court under this section
before the 31st day after the date the budget is submitted, the
commissioners court is considered to have approved the budget.
(e) If the commissioners court does not approve or deny a
tax rate recommended to the commissioners court under this section
before the 31st day after the date the recommended tax rate is
submitted, the commissioners court is considered to have approved
the recommended tax rate and the recommended tax rate is the rate
for the year in which the rate is recommended.
Sec. 775.306. BUSINESS PARTICIPATION. 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.
SECTION 2. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2013.
(b) Section 775.305, Health and Safety Code, as added by
this Act, takes effect January 1, 2014.