1-1  By:  Brady (Senate Sponsor - Sims)                    H.B. No. 2396
    1-2        (In the Senate - Received from the House May 12, 1993;
    1-3  May 13, 1993, read first time and referred to Committee on Finance;
    1-4  May 21, 1993, reported favorably by the following vote:  Yeas 9,
    1-5  Nays 0; May 21, 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 tax rate for rural fire prevention districts.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Section 794.018(a), Health and Safety Code, is
   1-26  amended to read as follows:
   1-27        (a)  On the granting of a petition, the commissioners court
   1-28  shall order an election to confirm the district's creation and
   1-29  authorize the levy of a tax not to exceed five <three> cents on
   1-30  each $100 of the taxable value of property taxable by the district.
   1-31        SECTION 2.  Subchapter B, Chapter 794, Health and Safety
   1-32  Code, is amended by adding Section 794.0181 to read as follows:
   1-33        Sec. 794.0181.  ELECTION TO INCREASE TAX RATE.  (a)  The
   1-34  board of fire commissioners of a district the creation of which was
   1-35  confirmed when the maximum tax rate authorized by Article III,
   1-36  Section 48-d, of the Texas Constitution was less than the rate
   1-37  specified by Section 794.018(a) may order an election to increase
   1-38  the maximum tax rate of the district to the rate specified by
   1-39  Section 794.018(a).  The proposition on the ballot must set out the
   1-40  proposed maximum tax rate to be authorized at the election.
   1-41        (b)  The board shall give notice of the election as provided
   1-42  by Section 4.003, Election Code.  The notice shall contain the
   1-43  information required by Section 4.004, Election Code.
   1-44        (c)  The election shall be held on the first uniform election
   1-45  date in November provided by the Election Code after the date of
   1-46  the board's order that allows sufficient time to comply with any
   1-47  requirements of law.
   1-48        (d)  If a majority of the votes cast in the election favor
   1-49  the increase in the maximum tax rate, the maximum tax rate shall be
   1-50  increased to the rate authorized by the election.  The increase in
   1-51  the maximum tax rate applies only to a tax year for which the board
   1-52  of fire commissioners adopts a tax rate after the date of the
   1-53  election.  A board that adopts a tax rate for a tax year on or
   1-54  before the date of the election may not adopt a new tax rate for
   1-55  that tax year after the date of the election that would exceed the
   1-56  maximum tax rate in effect on the date the tax rate was initially
   1-57  adopted for that year.
   1-58        SECTION 3.  This Act takes effect on the date on which the
   1-59  constitutional amendment proposed by the 73rd Legislature, Regular
   1-60  Session, 1993, authorizing an increase in the tax rate limit for
   1-61  rural fire prevention districts, takes effect.  If that amendment
   1-62  is not approved by the voters, this Act has no effect.
   1-63        SECTION 4.  The importance of this legislation and the
   1-64  crowded condition of the calendars in both houses create an
   1-65  emergency   and   an   imperative   public   necessity   that   the
   1-66  constitutional rule requiring bills to be read on three several
   1-67  days in each house be suspended, and this rule is hereby suspended.
   1-68                               * * * * *
    2-1                                                         Austin,
    2-2  Texas
    2-3                                                         May 21, 1993
    2-4  Hon. Bob Bullock
    2-5  President of the Senate
    2-6  Sir:
    2-7  We, your Committee on Finance to which was referred H.B. No. 2396,
    2-8  have had the same under consideration, and I am instructed to
    2-9  report it back to the Senate with the recommendation that it do
   2-10  pass and be printed.
   2-11                                                         Montford,
   2-12  Chairman
   2-13                               * * * * *
   2-14                               WITNESSES
   2-15  No witnesses appeared on H.B. No. 2396.