84R10837 JSL-F
By: Lucio S.B. No. 1109
A BILL TO BE ENTITLED
AN ACT
relating to emergency response districts; providing authority to
impose a tax and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
amended by adding Chapter 776 to read as follows:
CHAPTER 776. EMERGENCY RESPONSE DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 776.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of emergency response
commissioners.
(2) "District" means an emergency response district
created under this chapter.
Sec. 776.002. AUTHORIZATION. An emergency response
district may be organized as provided by Article III, Section 48-d,
of the Texas Constitution to:
(1) protect the health and welfare of the citizens and
residents of this state during natural disasters and other
emergency situations;
(2) prevent destruction of and damage to property in
this state; and
(3) preserve and protect natural resources in this
state.
SUBCHAPTER B. CREATION OF DISTRICT
Sec. 776.015. CREATION OF EMERGENCY RESPONSE DISTRICT. (a)
Before a district may be created, the commissioners court of the
county in which the proposed district will be located must:
(1) receive a petition signed by qualified voters who
own taxable real property that is located in the county and in the
proposed district requesting the creation of a district; or
(2) call for a public hearing on the creation of a
district on its own motion.
(b) At the next regular or special session of the
commissioners court held after a petition is filed with the county
clerk, the commissioners court shall set a place, date, and time for
a public hearing to consider the petition.
Sec. 776.016. HEARING. (a) At the time and place set for
the hearing or at a later date then set, the commissioners court
shall consider the petition or motion and each issue relating to
creation of the district.
(b) Any interested person may appear before the
commissioners court in person or by attorney to support or oppose
the creation of the district and may offer pertinent testimony.
(c) The commissioners court has exclusive jurisdiction to
determine each issue relating to the creation of the district and
may issue incidental orders it considers proper in relation to the
issues before the commissioners court. The commissioners court may
adjourn the hearing as necessary.
Sec. 776.017. PETITION APPROVAL. If after the hearing the
commissioners court finds that creation of the district is feasible
and will promote the public safety, welfare, health, and
convenience of persons residing in the proposed district, the
commissioners court shall grant the petition, determine proposed
boundaries for the district, and set a proposed maximum rate of ad
valorem tax that the district may levy.
Sec. 776.018. ELECTION. (a) On the granting of a petition,
the commissioners court shall order an election to confirm the
district's creation and authorize the imposition of a tax not to
exceed the rate determined under Section 776.017.
(b) The election shall be held on the first authorized
uniform election date prescribed by the Election Code that allows
sufficient time to comply with other requirements of law.
Sec. 776.019. ELECTION RESULT. A district is created and
organized under this chapter if a majority of the votes cast in the
election favor creation of the district.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 776.031. DISTRICT POWERS. (a) A district is a
political subdivision of the state. A district shall provide
services relating to:
(1) fire prevention and suppression;
(2) emergency medical services;
(3) rescue of persons on district waterways;
(4) enforcement of a district fire code; and
(5) regulation of hazardous materials.
(b) To perform the functions of the district and to provide
emergency response services, a district may:
(1) acquire, purchase, hold, lease, manage, occupy,
and sell real and personal property or an interest in property;
(2) enter into and perform necessary contracts;
(3) appoint and employ necessary officers, agents, and
employees;
(4) sue and be sued;
(5) impose and collect taxes as prescribed by this
chapter;
(6) accept and receive donations;
(7) lease, own, maintain, operate, and provide
emergency response vehicles and other necessary or proper
apparatus, instrumentalities, equipment, and machinery to provide
emergency response services;
(8) construct, lease, own, and maintain real property,
improvements, and fixtures necessary to house, repair, and maintain
emergency response vehicles and equipment;
(9) contract with other entities, including other
districts or municipalities, to make emergency response facilities
and emergency response services available to the district;
(10) contract with other entities, including other
districts or municipalities, for reciprocal operation of services
and facilities if the contracting parties find that reciprocal
operation would be mutually beneficial and not detrimental to the
district;
(11) borrow money; and
(12) perform other acts necessary to carry out the
intent of this chapter.
Sec. 776.032. APPOINTMENT OF BOARD. (a) The county
commissioners court shall appoint a board of emergency response
commissioners to serve as the district's governing body.
Commissioners serve two-year terms and are subject to removal at
the will of the commissioners court.
(b) After the votes are canvassed and the commissioners
court enters the order creating the district, the commissioners
court shall appoint the initial emergency response commissioners to
serve until January 1 of the year following the district election.
On January 1 of the year following the district election, the court
shall stagger the terms of the commissioners appointed.
(c) On January 1 of each year, the commissioners court shall
appoint a successor for each emergency response commissioner whose
term has expired.
(d) The commissioners court shall fill a vacancy on the
board for the remainder of the unexpired term.
Sec. 776.033. AD VALOREM TAX. The board may impose an ad
valorem tax on all real and personal property located in the
district and subject to district taxation for the district's
support and the purposes authorized by this chapter, at a rate not
to exceed the maximum rate determined by the commissioners court
and approved at the election creating the district.
Sec. 776.034. BONDS AND NOTES. (a) The board may issue
bonds and notes to perform any of its powers as provided by this
section.
(b) A district may not authorize bonds and notes unless a
majority of the district's qualified voters who vote at an election
ordered for that purpose approve the issuance of the bonds and
notes.
(c) The board may order an election on the bonds and notes.
The order must contain the same information contained in the notice
of the election.
(d) The board shall publish notice of the election at least
once in a newspaper of general circulation in the district. The
notice must be published not later than the 31st day before election
day.
(e) In addition to the contents of the notice required by
the Election Code, the notice must state:
(1) the amount of bonds or notes to be authorized; and
(2) the maximum maturity of the bonds or notes.
SUBCHAPTER D. CONVERSION OF TERRITORY OF EMERGENCY SERVICES
DISTRICT
Sec. 776.071. CONVERSION OF TERRITORY OF EMERGENCY SERVICES
DISTRICT. If any part of a district overlaps with the territory of
an emergency services district authorized under Chapter 775, the
territory in the emergency services district ceases to be in the
jurisdiction of the emergency services district.
SECTION 2. This Act takes effect January 1, 2016, but only
if the constitutional amendment proposed by the 84th Legislature,
Regular Session, 2015, authorizing the creation of emergency
response districts, is approved by the voters. If that amendment is
not approved by the voters, this Act has no effect.