By Brady                                              H.B. No. 2396
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the tax rate for rural fire prevention districts.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 794.018(a), Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        (a)  On the granting of a petition, the commissioners court
    1-7  shall order an election to confirm the district's creation and
    1-8  authorize the levy of a tax not to exceed five <three> cents on
    1-9  each $100 of the taxable value of property taxable by the district.
   1-10        SECTION 2.  Subchapter B, Chapter 794, Health and Safety
   1-11  Code, is amended by adding Section 794.0181 to read as follows:
   1-12        Sec. 794.0181.  ELECTION TO INCREASE TAX RATE.  (a)  The
   1-13  board of fire commissioners of a district the creation of which was
   1-14  confirmed when the maximum tax rate authorized by Article III,
   1-15  Section 48-d, of the Texas Constitution was less than the rate
   1-16  specified by Section 794.018(a) may order an election to increase
   1-17  the maximum tax rate of the district to the rate specified by
   1-18  Section 794.018(a).  The proposition on the ballot must set out the
   1-19  proposed maximum tax rate to be authorized at the election.
   1-20        (b)  The board shall give notice of the election as provided
   1-21  by Section 4.003, Election Code.  The notice shall contain the
   1-22  information required by Section 4.004, Election Code.
   1-23        (c)  The election shall be held on the first uniform election
   1-24  date in November provided by the Election Code after the date of
    2-1  the board's order that allows sufficient time to comply with any
    2-2  requirements of law.
    2-3        (d)  If a majority of the votes cast in the election favor
    2-4  the increase in the maximum tax rate, the maximum tax rate shall be
    2-5  increased to the rate authorized by the election.  The increase in
    2-6  the maximum tax rate applies only to a tax year for which the board
    2-7  of fire commissioners adopts a tax rate after the date of the
    2-8  election.  A board that adopts a tax rate for a tax year on or
    2-9  before the date of the election may not adopt a new tax rate for
   2-10  that tax year after the date of the election that would exceed the
   2-11  maximum tax rate in effect on the date the tax rate was initially
   2-12  adopted for that year.
   2-13        SECTION 3.  This Act takes effect on the date on which the
   2-14  constitutional amendment proposed by the 73rd Legislature, Regular
   2-15  Session, 1993, authorizing an increase in the tax rate limit for
   2-16  rural fire prevention districts, takes effect.  If that amendment
   2-17  is not approved by the voters, this Act has no effect.
   2-18        SECTION 4.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency   and   an   imperative   public   necessity   that   the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended.