83R10488 JXC-F
By: Hinojosa S.J.R. No. 62
A JOINT RESOLUTION
proposing a constitutional amendment to authorize the creation of
emergency and disaster 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 and disaster response
districts as may be determined to be essential to the
accomplishment of the purposes of this section. The emergency and
disaster 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 of the emergency and
disaster response districts, to be issued as may be prescribed by
law. The Legislature shall also authorize the imposition within
the emergency and disaster 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 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 issuance of any
bonds or provide for any indebtedness against an emergency and
disaster response district unless that proposition is submitted to
the qualified voters of the district and adopted by the voters.
(d) A law creating an emergency and disaster 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 and disaster 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 and disaster 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 and disaster 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 and disaster 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 and disaster response districts."