| 1 | 1 | | By: Miller of Comal H.B. No. 2249 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the creation, powers and duties, and administration of |
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| 7 | 7 | | emergency response districts; providing authority to impose taxes |
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| 8 | 8 | | and issue bonds. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. CREATION OF EMERGENCY RESPONSE DISTRICT. |
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| 11 | 11 | | (a) |
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| 12 | 12 | | After receiving a petition that is signed by qualified voters in a |
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| 13 | 13 | | county owning taxable real property in the county and that requests |
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| 14 | 14 | | the creation of an emergency response district, or on its own |
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| 15 | 15 | | initiative, the commissioners court shall hold a public hearing on |
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| 16 | 16 | | the issue. |
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| 17 | 17 | | (b) If the commissioners court determines after the hearing |
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| 18 | 18 | | that the issue of creation of an emergency response district should |
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| 19 | 19 | | be submitted to the voters, the court shall determine proposed |
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| 20 | 20 | | boundaries for the district, set a proposed maximum rate of ad |
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| 21 | 21 | | valorem tax for real property in the district, and call an election |
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| 22 | 22 | | on the issue. |
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| 23 | 23 | | (c) If a majority of the qualified voters voting at the |
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| 24 | 24 | | election approve the proposition to create the emergency response |
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| 25 | 25 | | district, the district is created. |
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| 26 | 26 | | SECTION 2. ADMINISTRATION OF DISTRICT. If an emergency |
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| 27 | 27 | | response district is created as provided by Section 1 of this Act, |
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| 28 | 28 | | the commissioners court shall appoint a board of commissioners to |
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| 29 | 29 | | administer the district. A member of the board appointed under this |
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| 30 | 30 | | section serves a two-year term and is subject to removal at the will |
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| 31 | 31 | | of the commissioners court. |
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| 32 | 32 | | SECTION 3. GENERAL POWERS AND DUTIES. The board of |
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| 33 | 33 | | commissioners of an emergency response district has the duty of |
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| 34 | 34 | | providing services relating to: |
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| 35 | 35 | | (1) fire prevention and suppression; |
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| 36 | 36 | | (2) emergency medical services; |
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| 37 | 37 | | (3) rescue of persons on district waterways; |
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| 38 | 38 | | (4) enforcement of a district fire code; and |
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| 39 | 39 | | (5) regulation of hazardous materials. |
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| 40 | 40 | | SECTION 4. IMPOSITION OF TAX; ISSUANCE OF BONDS. An |
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| 41 | 41 | | emergency response district has the power to impose an ad valorem |
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| 42 | 42 | | tax on real property in the district at a rate not to exceed the rate |
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| 43 | 43 | | approved at the election at which the district was created. The |
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| 44 | 44 | | district may issue bonds in amounts necessary to repay indebtedness |
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| 45 | 45 | | created by use of tax revenues. |
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| 46 | 46 | | SECTION 5. CONVERSION OF EMERGENCY SERVICES DISTRICT. On |
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| 47 | 47 | | creation of an emergency response district under this Act, any |
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| 48 | 48 | | portion of an emergency services district that is included within |
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| 49 | 49 | | the boundaries of the emergency response district becomes part of |
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| 50 | 50 | | the emergency response district and ceases to exist as a separate |
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| 51 | 51 | | entity. |
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| 52 | 52 | | SECTION 6. EFFECTIVE DATE. This Act takes effect January 1, |
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| 53 | 53 | | 2016, but only if the constitutional amendment proposed by the 84th |
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| 54 | 54 | | Legislature, Regular Session, 2015, authorizing the creation of |
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| 55 | 55 | | emergency response districts, is approved by the voters. If that |
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| 56 | 56 | | amendment is not approved by the voters, this Act has no effect. |
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