Texas 2013 - 83rd Regular

Texas House Bill HJR148 Compare Versions

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Old	New	Differences
1	1	83R23051 JXC-D
2	2	By: Coleman H.J.R. No. 148
3	3	Substitute the following for H.J.R. No. 148:
4	4	By: Hernandez Luna C.S.H.J.R. No. 148
5	5
6	6
7	7	A JOINT RESOLUTION
8	8	proposing a constitutional amendment to authorize the creation of
9	9	emergency response districts; providing authority to impose a tax
10	10	and issue bonds.
11	11	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article III, Texas Constitution, is amended by
13	13	adding Section 48-d to read as follows:
14	14	Sec. 48-d. (a) The following are declared to be public
15	15	rights and duties, and the Legislature may pass laws as may be
16	16	appropriate relating to:
17	17	(1) protection of the health and welfare of the
18	18	citizens and residents of this State during natural disasters and
19	19	other emergency situations;
20	20	(2) prevention of and protection from damage to or
21	21	destruction of property in this State; and
22	22	(3) preservation and protection of natural resources
23	23	in this State.
24	24	(b) There may be created within this State, or the State may
25	25	be divided into, such number of emergency response districts as may
26	26	be determined to be essential to the accomplishment of the purposes
27	27	of this section. The emergency response districts shall be
28	28	governmental agencies and bodies politic and corporate with such
29	29	powers of government and with the authority to exercise such
30	30	rights, privileges, and functions concerning the subject matter of
31	31	this section as may be conferred by law.
32	32	(c) The Legislature shall authorize indebtedness necessary
33	33	to provide improvements and the maintenance of those improvements
34	34	necessary to the achievement of the purposes of this section. The
35	35	indebtedness may be evidenced by bonds or other obligations of the
36	36	emergency response districts, to be issued as may be prescribed by
37	37	law. The Legislature shall also authorize the imposition within
38	38	the emergency response districts of taxes, equitably distributed,
39	39	as may be necessary for the payment of interest and the creation of
40	40	a sinking fund for the payment of bonds or other obligations and for
41	41	the maintenance of the districts and improvements. The indebtedness
42	42	shall be a lien on the property assessed for the payment of the
43	43	indebtedness. The Legislature may not authorize the imposition of
44	44	taxes for maintenance and operation of an emergency response
45	45	district, authorize the issuance of any bonds by a district, or
46	46	provide for any indebtedness against a district unless that
47	47	proposition is submitted to the qualified voters of the district
48	48	and adopted by the voters.
49	49	(d) A law creating an emergency response district may not be
50	50	passed unless notice of the intention to introduce the bill setting
51	51	forth the general substance of the contemplated law has been
52	52	published at least 30 days and not more than 90 days prior to the
53	53	introduction of the bill in a newspaper or newspapers having
54	54	general circulation in the county or counties in which the district
55	55	or any part of the district is or will be located, and by delivering
56	56	a copy of the notice and the bill to the governor, who shall submit
57	57	the notice and the bill to the Division of Emergency Management of
58	58	the Department of Public Safety of the State of Texas or its
59	59	successor. The Division or its successor shall file its
60	60	recommendation as to the bill with the governor, lieutenant
61	61	governor, and speaker of the house of representatives not later
62	62	than 30 days after the date the notice is received by the Division
63	63	or its successor. The notice and copy of a bill shall also be given
64	64	for the introduction of a bill amending a law creating or governing
65	65	a particular emergency response district if the bill:
66	66	(1) adds additional land to the district;
67	67	(2) alters the taxing authority of the district;
68	68	(3) alters the authority of the district with respect
69	69	to the issuance of bonds; or
70	70	(4) alters the qualifications or terms of office of
71	71	the members of the governing body of the district.
72	72	(e) A law creating an emergency response district may not be
73	73	passed unless, at the time notice of the intention to introduce a
74	74	bill is published as provided in Subsection (d), a copy of the
75	75	proposed bill is delivered to the commissioners court of each
76	76	county in which the district or any part of the district is or will
77	77	be located and to the governing body of each municipality in whose
78	78	jurisdiction the district or any part of the district is or will be
79	79	located. Each commissioners court and governing body may file its
80	80	written consent or opposition to the creation of the proposed
81	81	district with the governor, lieutenant governor, and speaker of the
82	82	house of representatives. Each special law creating an emergency
83	83	response district shall comply with the provisions of the general
84	84	laws then in effect relating to consent by political subdivisions
85	85	to the creation of emergency response districts and to the
86	86	inclusion of land in the district.
87	87	SECTION 2. This proposed constitutional amendment shall be
88	88	submitted to the voters at an election to be held November 5, 2013.
89	89	The ballot shall be printed to provide for voting for or against the
90	90	proposition: "The constitutional amendment to authorize the
91	91	creation of emergency response districts."