| 1 | 1 | | By: Miller of Comal H.J.R. No. 104 |
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| 4 | 4 | | A JOINT RESOLUTION |
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| 5 | 5 | | proposing a constitutional amendment to authorize the creation of |
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| 6 | 6 | | emergency response districts; providing authority to impose a tax |
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| 7 | 7 | | and issue bonds. |
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| 8 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article III, Texas Constitution, is amended by |
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| 10 | 10 | | adding Section 48-d to read as follows: |
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| 11 | 11 | | Sec. 48-d. (a) The following are declared to be public |
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| 12 | 12 | | rights and duties, and the Legislature may pass laws as may be |
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| 13 | 13 | | appropriate relating to: |
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| 14 | 14 | | (1) protection of the health and welfare of the |
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| 15 | 15 | | citizens and residents of this State during natural disasters and |
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| 16 | 16 | | other emergency situations; |
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| 17 | 17 | | (2) prevention of and protection from damage to or |
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| 18 | 18 | | destruction of property in this State; and |
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| 19 | 19 | | (3) preservation and protection of natural resources |
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| 20 | 20 | | in this State. |
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| 21 | 21 | | (b) There may be created within this State, as provided by |
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| 22 | 22 | | general or local law, such number of emergency response districts |
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| 23 | 23 | | as may be determined to be essential to the accomplishment of the |
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| 24 | 24 | | purposes described by Subsection (a) of this section. The emergency |
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| 25 | 25 | | response districts shall be governmental agencies and bodies |
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| 26 | 26 | | politic and corporate with such powers of government and with the |
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| 27 | 27 | | authority to exercise such rights, privileges, and functions |
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| 28 | 28 | | concerning the subject matter of this section as may be conferred by |
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| 29 | 29 | | law. |
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| 30 | 30 | | (c) The Legislature may authorize the imposition within the |
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| 31 | 31 | | emergency response districts of taxes, equitably distributed, as |
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| 32 | 32 | | may be necessary for the payment of interest and the creation of a |
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| 33 | 33 | | sinking fund for the payment of bonds or other obligations and for |
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| 34 | 34 | | the maintenance of the districts and improvements. The Legislature |
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| 35 | 35 | | may not authorize the imposition of taxes for maintenance and |
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| 36 | 36 | | operation of an emergency response district, authorize the issuance |
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| 37 | 37 | | of any bonds by a district, or provide for any indebtedness against |
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| 38 | 38 | | a district unless that proposition is submitted to the qualified |
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| 39 | 39 | | voters of the district and adopted by the voters. |
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| 40 | 40 | | (d) A local law creating an emergency response district may |
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| 41 | 41 | | not be passed unless notice of the intention to introduce the bill |
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| 42 | 42 | | setting forth the general substance of the contemplated law has |
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| 43 | 43 | | been published at least 30 days and not more than 90 days prior to |
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| 44 | 44 | | the introduction of the bill in one or more newspapers having |
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| 45 | 45 | | general circulation in each county in which the district or any part |
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| 46 | 46 | | of the district is or will be located, and by delivering a copy of |
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| 47 | 47 | | the notice and the bill to the governor, who shall submit the |
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| 48 | 48 | | notice and the bill to the |
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| 49 | 49 | | Division of Emergency Management of the |
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| 50 | 50 | | Department of Public Safety of the State of Texas or its successor. |
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| 51 | 51 | | The Division or its successor shall file its recommendation as to |
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| 52 | 52 | | the bill with the governor, lieutenant governor, and speaker of the |
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| 53 | 53 | | house of representatives not later than 30 days after the date the |
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| 54 | 54 | | notice is received by the Division or its successor. The notice and |
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| 55 | 55 | | copy of a bill shall also be given for the introduction of a bill |
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| 56 | 56 | | amending a local law creating or governing a particular emergency |
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| 57 | 57 | | response district if the bill: |
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| 58 | 58 | | (1) adds additional land to the district; |
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| 59 | 59 | | (2) alters the taxing authority of the district; |
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| 60 | 60 | | (3) alters the authority of the district with respect |
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| 61 | 61 | | to the issuance of bonds; or |
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| 62 | 62 | | (4) alters the qualifications or terms of office of |
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| 63 | 63 | | the members of the governing body of the district. |
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| 64 | 64 | | (e) A local law creating an emergency response district may |
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| 65 | 65 | | not be passed unless, at the time notice of the intention to |
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| 66 | 66 | | introduce a bill is published as provided by Subsection (d) of this |
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| 67 | 67 | | section, a copy of the proposed bill is delivered to the |
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| 68 | 68 | | commissioners court of each county in which the district or any part |
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| 69 | 69 | | of the district is or will be located and to the governing body of |
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| 70 | 70 | | each municipality in whose jurisdiction the district or any part of |
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| 71 | 71 | | the district is or will be located. Each commissioners court and |
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| 72 | 72 | | governing body may file its written consent or opposition to the |
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| 73 | 73 | | creation of the proposed district with the governor, lieutenant |
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| 74 | 74 | | governor, and speaker of the house of representatives. |
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| 75 | 75 | | SECTION 2. This proposed constitutional amendment shall be |
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| 76 | 76 | | submitted to the voters at an election to be held November 3, 2015. |
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| 77 | 77 | | The ballot shall be printed to provide for voting for or against the |
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| 78 | 78 | | proposition: "The constitutional amendment to authorize the |
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| 79 | 79 | | creation of emergency response districts." |
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