By:  Linebarger                                        H.B. No. 394
       73R2522 CBH-D
                                 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 not earlier than the 45th or
    2-5  later than the 60th day after the date on which the election is
    2-6  ordered.  Section 41.001(a), Election Code, does not apply to an
    2-7  election ordered under this section.
    2-8        (d)  The ballot for the election shall be printed to permit
    2-9  voting for or against the proposition:  "The levy of annual taxes
   2-10  by the district at a rate not to exceed three cents on each $100 of
   2-11  the taxable value of property taxable by the district."  The
   2-12  election shall be held in accordance with the applicable provisions
   2-13  of the Election Code.
   2-14        (e)  The board shall meet and canvass the election returns.
   2-15  If the board finds that the election results are favorable to the
   2-16  proposition, the board may levy taxes as authorized by the
   2-17  proposition.  If the board finds that the election results are not
   2-18  favorable to the proposition, another election on the question of
   2-19  raising the district's maximum tax rate may not be held before the
   2-20  first anniversary of the date of the election at which voters
   2-21  disapproved the proposition.
   2-22        SECTION 3.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended,
   2-27  and that this Act take effect and be in force from and after its
    3-1  passage, and it is so enacted.