1-1  By:  Linebarger (Senate Sponsor - Barrientos)          H.B. No. 394
    1-2        (In the Senate - Received from the House March 24, 1993;
    1-3  March 25, 1993, read first time and referred to Committee on
    1-4  Finance; May 10, 1993, reported favorably by the following vote:
    1-5  Yeas 11, Nays 0; May 10, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Montford           x                               
    1-9        Turner             x                               
   1-10        Armbrister         x                               
   1-11        Barrientos         x                               
   1-12        Bivins             x                               
   1-13        Ellis              x                               
   1-14        Haley              x                               
   1-15        Moncrief           x                               
   1-16        Parker                                        x    
   1-17        Ratliff                                       x    
   1-18        Sims               x                               
   1-19        Truan              x                               
   1-20        Zaffirini          x                               
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the maximum tax rate of certain emergency services
   1-24  districts.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 775.018(a), Health and Safety Code, is
   1-27  amended to read as follows:
   1-28        (a)  Except as provided by Subsection (b), on the granting of
   1-29  a petition, the commissioners court shall order an election to
   1-30  confirm the district's creation and authorize the imposition of a
   1-31  tax not to exceed 10 cents on each $100 of the taxable value of
   1-32  property taxable by the district or three <two> cents on each $100
   1-33  of the taxable value of property taxable by the district if any
   1-34  area in the district is also included in a rural fire prevention
   1-35  district.
   1-36        SECTION 2.  Subchapter E, Chapter 775, Health and Safety
   1-37  Code, is amended by adding Section 775.0742 to read as follows:
   1-38        Sec. 775.0742.  INCREASE OF MAXIMUM TAX RATE.  (a)  This
   1-39  section applies only to a district:
   1-40              (1)  in which some area of the district is included in
   1-41  a rural fire prevention district or was included at the time the
   1-42  district was created; and
   1-43              (2)  that had previously authorized the levy of a tax
   1-44  not to exceed two cents on each $100 of the taxable value of the
   1-45  property taxable by the district.
   1-46        (b)  The board may order an election on the question of
   1-47  increasing the district's tax rate to three cents on each $100 of
   1-48  the taxable value of the property taxable by the district.
   1-49        (c)  The election shall be held on the first authorized
   1-50  uniform election date that allows sufficient time to comply with
   1-51  other requirements of law.
   1-52        (d)  The ballot for the election shall be printed to permit
   1-53  voting for or against the proposition:  "The levy of annual taxes
   1-54  by the district at a rate not to exceed three cents on each $100 of
   1-55  the taxable value of property taxable by the district."  The
   1-56  election shall be held in accordance with the applicable provisions
   1-57  of the Election Code.
   1-58        (e)  The board shall meet and canvass the election returns.
   1-59  If the board finds that the election results are favorable to the
   1-60  proposition, the board may levy taxes as authorized by the
   1-61  proposition.  If the board finds that the election results are not
   1-62  favorable to the proposition, another election on the question of
   1-63  raising the district's maximum tax rate may not be held before the
   1-64  first anniversary of the date of the election at which voters
   1-65  disapproved the proposition.
   1-66        SECTION 3.  The importance of this legislation and the
   1-67  crowded condition of the calendars in both houses create an
   1-68  emergency and an imperative public necessity that the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended,
    2-3  and that this Act take effect and be in force from and after its
    2-4  passage, and it is so enacted.
    2-5                               * * * * *
    2-6                                                         Austin,
    2-7  Texas
    2-8                                                         May 10, 1993
    2-9  Hon. Bob Bullock
   2-10  President of the Senate
   2-11  Sir:
   2-12  We, your Committee on Finance to which was referred H.B. No. 394,
   2-13  have had the same under consideration, and I am instructed to
   2-14  report it back to the Senate with the recommendation that it do
   2-15  pass and be printed.
   2-16                                                         Montford,
   2-17  Chairman
   2-18                               * * * * *
   2-19                               WITNESSES
   2-20  No witnesses appeared on H.B. No. 394.