By: Miller of Comal H.J.R. No. 104
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, as provided by
general or local law, such number of emergency response districts
as may be determined to be essential to the accomplishment of the
purposes described by Subsection (a) 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 may 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 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 local 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 one or more newspapers having
general circulation in each county 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 local 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 local 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 by Subsection (d) of this
section, 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.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2015.
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."