73R6142 JD-D
By Linebarger H.B. No. 394
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the maximum tax rate of certain emergency services
1-3 districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 775.018(a), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (a) Except as provided by Subsection (b), on the granting of
1-8 a petition, the commissioners court shall order an election to
1-9 confirm the district's creation and authorize the imposition of a
1-10 tax not to exceed 10 cents on each $100 of the taxable value of
1-11 property taxable by the district or three <two> cents on each $100
1-12 of the taxable value of property taxable by the district if any
1-13 area in the district is also included in a rural fire prevention
1-14 district.
1-15 SECTION 2. Subchapter E, Chapter 775, Health and Safety
1-16 Code, is amended by adding Section 775.0742 to read as follows:
1-17 Sec. 775.0742. INCREASE OF MAXIMUM TAX RATE. (a) This
1-18 section applies only to a district:
1-19 (1) in which some area of the district is included in
1-20 a rural fire prevention district or was included at the time the
1-21 district was created; and
1-22 (2) that had previously authorized the levy of a tax
1-23 not to exceed two cents on each $100 of the taxable value of the
1-24 property taxable by the district.
2-1 (b) The board may order an election on the question of
2-2 increasing the district's tax rate to three cents on each $100 of
2-3 the taxable value of the property taxable by the district.
2-4 (c) The election shall be held on the first authorized
2-5 uniform election date that allows sufficient time to comply with
2-6 other requirements of law.
2-7 (d) The ballot for the election shall be printed to permit
2-8 voting for or against the proposition: "The levy of annual taxes
2-9 by the district at a rate not to exceed three cents on each $100 of
2-10 the taxable value of property taxable by the district." The
2-11 election shall be held in accordance with the applicable provisions
2-12 of the Election Code.
2-13 (e) The board shall meet and canvass the election returns.
2-14 If the board finds that the election results are favorable to the
2-15 proposition, the board may levy taxes as authorized by the
2-16 proposition. If the board finds that the election results are not
2-17 favorable to the proposition, another election on the question of
2-18 raising the district's maximum tax rate may not be held before the
2-19 first anniversary of the date of the election at which voters
2-20 disapproved the proposition.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended,
2-26 and that this Act take effect and be in force from and after its
2-27 passage, and it is so enacted.