83R23051 JXC-D
By: Coleman H.J.R. No. 148
Substitute the following for H.J.R. No. 148:
By: Hernandez Luna C.S.H.J.R. No. 148
A JOINT RESOLUTION
proposing a constitutional amendment to authorize the creation of
emergency response districts; providing authority to impose a tax
and issue bonds.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
adding Section 48-d to read as follows:
Sec. 48-d. (a) The following are declared to be public
rights and duties, and the Legislature may pass laws as may be
appropriate relating to:
(1) protection of the health and welfare of the
citizens and residents of this State during natural disasters and
other emergency situations;
(2) prevention of and protection from damage to or
destruction of property in this State; and
(3) preservation and protection of natural resources
in this State.
(b) There may be created within this State, or the State may
be divided into, such number of emergency response districts as may
be determined to be essential to the accomplishment of the purposes
of this section. The emergency response districts shall be
governmental agencies and bodies politic and corporate with such
powers of government and with the authority to exercise such
rights, privileges, and functions concerning the subject matter of
this section as may be conferred by law.
(c) The Legislature shall authorize indebtedness necessary
to provide improvements and the maintenance of those improvements
necessary to the achievement of the purposes of this section. The
indebtedness may be evidenced by bonds or other obligations of the
emergency response districts, to be issued as may be prescribed by
law. The Legislature shall also authorize the imposition within
the emergency response districts of taxes, equitably distributed,
as may be necessary for the payment of interest and the creation of
a sinking fund for the payment of bonds or other obligations and for
the maintenance of the districts and improvements. The indebtedness
shall be a lien on the property assessed for the payment of the
indebtedness. The Legislature may not authorize the imposition of
taxes for maintenance and operation of an emergency response
district, authorize the issuance of any bonds by a district, or
provide for any indebtedness against a district unless that
proposition is submitted to the qualified voters of the district
and adopted by the voters.
(d) A law creating an emergency response district may not be
passed unless notice of the intention to introduce the bill setting
forth the general substance of the contemplated law has been
published at least 30 days and not more than 90 days prior to the
introduction of the bill in a newspaper or newspapers having
general circulation in the county or counties in which the district
or any part of the district is or will be located, and by delivering
a copy of the notice and the bill to the governor, who shall submit
the notice and the bill to the Division of Emergency Management of
the Department of Public Safety of the State of Texas or its
successor. The Division or its successor shall file its
recommendation as to the bill with the governor, lieutenant
governor, and speaker of the house of representatives not later
than 30 days after the date the notice is received by the Division
or its successor. The notice and copy of a bill shall also be given
for the introduction of a bill amending a law creating or governing
a particular emergency response district if the bill:
(1) adds additional land to the district;
(2) alters the taxing authority of the district;
(3) alters the authority of the district with respect
to the issuance of bonds; or
(4) alters the qualifications or terms of office of
the members of the governing body of the district.
(e) A law creating an emergency response district may not be
passed unless, at the time notice of the intention to introduce a
bill is published as provided in Subsection (d), a copy of the
proposed bill is delivered to the commissioners court of each
county in which the district or any part of the district is or will
be located and to the governing body of each municipality in whose
jurisdiction the district or any part of the district is or will be
located. Each commissioners court and governing body may file its
written consent or opposition to the creation of the proposed
district with the governor, lieutenant governor, and speaker of the
house of representatives. Each special law creating an emergency
response district shall comply with the provisions of the general
laws then in effect relating to consent by political subdivisions
to the creation of emergency response districts and to the
inclusion of land in the district.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2013.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment to authorize the
creation of emergency response districts."