Texas 2015 - 84th Regular

Texas Senate Bill SB1109 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R10837 JSL-F
2	2	By: Lucio S.B. No. 1109
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to emergency response districts; providing authority to
8	8	impose a tax and issue bonds.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
11	11	amended by adding Chapter 776 to read as follows:
12	12	CHAPTER 776. EMERGENCY RESPONSE DISTRICTS
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 776.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the board of emergency response
16	16	commissioners.
17	17	(2) "District" means an emergency response district
18	18	created under this chapter.
19	19	Sec. 776.002. AUTHORIZATION. An emergency response
20	20	district may be organized as provided by Article III, Section 48-d,
21	21	of the Texas Constitution to:
22	22	(1) protect the health and welfare of the citizens and
23	23	residents of this state during natural disasters and other
24	24	emergency situations;
25	25	(2) prevent destruction of and damage to property in
26	26	this state; and
27	27	(3) preserve and protect natural resources in this
28	28	state.
29	29	SUBCHAPTER B. CREATION OF DISTRICT
30	30	Sec. 776.015. CREATION OF EMERGENCY RESPONSE DISTRICT. (a)
31	31	Before a district may be created, the commissioners court of the
32	32	county in which the proposed district will be located must:
33	33	(1) receive a petition signed by qualified voters who
34	34	own taxable real property that is located in the county and in the
35	35	proposed district requesting the creation of a district; or
36	36	(2) call for a public hearing on the creation of a
37	37	district on its own motion.
38	38	(b) At the next regular or special session of the
39	39	commissioners court held after a petition is filed with the county
40	40	clerk, the commissioners court shall set a place, date, and time for
41	41	a public hearing to consider the petition.
42	42	Sec. 776.016. HEARING. (a) At the time and place set for
43	43	the hearing or at a later date then set, the commissioners court
44	44	shall consider the petition or motion and each issue relating to
45	45	creation of the district.
46	46	(b) Any interested person may appear before the
47	47	commissioners court in person or by attorney to support or oppose
48	48	the creation of the district and may offer pertinent testimony.
49	49	(c) The commissioners court has exclusive jurisdiction to
50	50	determine each issue relating to the creation of the district and
51	51	may issue incidental orders it considers proper in relation to the
52	52	issues before the commissioners court. The commissioners court may
53	53	adjourn the hearing as necessary.
54	54	Sec. 776.017. PETITION APPROVAL. If after the hearing the
55	55	commissioners court finds that creation of the district is feasible
56	56	and will promote the public safety, welfare, health, and
57	57	convenience of persons residing in the proposed district, the
58	58	commissioners court shall grant the petition, determine proposed
59	59	boundaries for the district, and set a proposed maximum rate of ad
60	60	valorem tax that the district may levy.
61	61	Sec. 776.018. ELECTION. (a) On the granting of a petition,
62	62	the commissioners court shall order an election to confirm the
63	63	district's creation and authorize the imposition of a tax not to
64	64	exceed the rate determined under Section 776.017.
65	65	(b) The election shall be held on the first authorized
66	66	uniform election date prescribed by the Election Code that allows
67	67	sufficient time to comply with other requirements of law.
68	68	Sec. 776.019. ELECTION RESULT. A district is created and
69	69	organized under this chapter if a majority of the votes cast in the
70	70	election favor creation of the district.
71	71	SUBCHAPTER C. POWERS AND DUTIES
72	72	Sec. 776.031. DISTRICT POWERS. (a) A district is a
73	73	political subdivision of the state. A district shall provide
74	74	services relating to:
75	75	(1) fire prevention and suppression;
76	76	(2) emergency medical services;
77	77	(3) rescue of persons on district waterways;
78	78	(4) enforcement of a district fire code; and
79	79	(5) regulation of hazardous materials.
80	80	(b) To perform the functions of the district and to provide
81	81	emergency response services, a district may:
82	82	(1) acquire, purchase, hold, lease, manage, occupy,
83	83	and sell real and personal property or an interest in property;
84	84	(2) enter into and perform necessary contracts;
85	85	(3) appoint and employ necessary officers, agents, and
86	86	employees;
87	87	(4) sue and be sued;
88	88	(5) impose and collect taxes as prescribed by this
89	89	chapter;
90	90	(6) accept and receive donations;
91	91	(7) lease, own, maintain, operate, and provide
92	92	emergency response vehicles and other necessary or proper
93	93	apparatus, instrumentalities, equipment, and machinery to provide
94	94	emergency response services;
95	95	(8) construct, lease, own, and maintain real property,
96	96	improvements, and fixtures necessary to house, repair, and maintain
97	97	emergency response vehicles and equipment;
98	98	(9) contract with other entities, including other
99	99	districts or municipalities, to make emergency response facilities
100	100	and emergency response services available to the district;
101	101	(10) contract with other entities, including other
102	102	districts or municipalities, for reciprocal operation of services
103	103	and facilities if the contracting parties find that reciprocal
104	104	operation would be mutually beneficial and not detrimental to the
105	105	district;
106	106	(11) borrow money; and
107	107	(12) perform other acts necessary to carry out the
108	108	intent of this chapter.
109	109	Sec. 776.032. APPOINTMENT OF BOARD. (a) The county
110	110	commissioners court shall appoint a board of emergency response
111	111	commissioners to serve as the district's governing body.
112	112	Commissioners serve two-year terms and are subject to removal at
113	113	the will of the commissioners court.
114	114	(b) After the votes are canvassed and the commissioners
115	115	court enters the order creating the district, the commissioners
116	116	court shall appoint the initial emergency response commissioners to
117	117	serve until January 1 of the year following the district election.
118	118	On January 1 of the year following the district election, the court
119	119	shall stagger the terms of the commissioners appointed.
120	120	(c) On January 1 of each year, the commissioners court shall
121	121	appoint a successor for each emergency response commissioner whose
122	122	term has expired.
123	123	(d) The commissioners court shall fill a vacancy on the
124	124	board for the remainder of the unexpired term.
125	125	Sec. 776.033. AD VALOREM TAX. The board may impose an ad
126	126	valorem tax on all real and personal property located in the
127	127	district and subject to district taxation for the district's
128	128	support and the purposes authorized by this chapter, at a rate not
129	129	to exceed the maximum rate determined by the commissioners court
130	130	and approved at the election creating the district.
131	131	Sec. 776.034. BONDS AND NOTES. (a) The board may issue
132	132	bonds and notes to perform any of its powers as provided by this
133	133	section.
134	134	(b) A district may not authorize bonds and notes unless a
135	135	majority of the district's qualified voters who vote at an election
136	136	ordered for that purpose approve the issuance of the bonds and
137	137	notes.
138	138	(c) The board may order an election on the bonds and notes.
139	139	The order must contain the same information contained in the notice
140	140	of the election.
141	141	(d) The board shall publish notice of the election at least
142	142	once in a newspaper of general circulation in the district. The
143	143	notice must be published not later than the 31st day before election
144	144	day.
145	145	(e) In addition to the contents of the notice required by
146	146	the Election Code, the notice must state:
147	147	(1) the amount of bonds or notes to be authorized; and
148	148	(2) the maximum maturity of the bonds or notes.
149	149	SUBCHAPTER D. CONVERSION OF TERRITORY OF EMERGENCY SERVICES
150	150	DISTRICT
151	151	Sec. 776.071. CONVERSION OF TERRITORY OF EMERGENCY SERVICES
152	152	DISTRICT. If any part of a district overlaps with the territory of
153	153	an emergency services district authorized under Chapter 775, the
154	154	territory in the emergency services district ceases to be in the
155	155	jurisdiction of the emergency services district.
156	156	SECTION 2. This Act takes effect January 1, 2016, but only
157	157	if the constitutional amendment proposed by the 84th Legislature,
158	158	Regular Session, 2015, authorizing the creation of emergency
159	159	response districts, is approved by the voters. If that amendment is
160	160	not approved by the voters, this Act has no effect.