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.