SRC-MAX H.B. 2850 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2850
By: Williams (Galloway)
Intergovernmental Relations
5-15-97
Engrossed


DIGEST 

In the case of a very limited number of large-scale, planned 
community developments, such as The 
Woodlands, fire protection and emergency services are provided by 
a nonprofit corporation funded 
by assessments on real property which are imposed on an ad 
valorem basis.  Meanwhile, rural fire 
prevention and emergency services districts impose taxes on the 
same area for the same services, 
resulting in double taxation.  Chapters 775 and 794 of the Health 
and Safety Code presently contain 
provisions which allow for the exclusion of territory from a 
rural fire prevention district and 
emergency services district, respectively, which may overlap.  
This bill sets forth provisions 
regarding the exclusion from emergency services districts and 
rural fire prevention districts of certain 
territory subject to ad valorem assessments.  

PURPOSE

As proposed, H.B. 2850 sets forth provisions regarding the 
exclusion from emergency services 
districts and rural fire prevention districts of certain 
territory subject to ad valorem assessments.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a 
state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 775B, Health and Safety Code, by adding 
Section 775.025, as 
follows:

Sec.  775.025.  EXCLUSION OF CERTAIN TERRITORY SUBJECT TO AD 
VALOREM 
ASSESSMENTS.  Sets forth provisions regarding a hearing to 
consider the exclusions from 
the emergency services district (district) of territory in a 
planned community.  Sets forth 
provisions for a board of emergency service commissioners' 
resolution to exclude certain 
territory.  Sets forth provisions regarding an election for 
creating a district.  Sets forth 
provisions for the exclusion of certain territory under 
certain conditions.  Defines "planned 
community" and "territory in a planned community."

SECTION 2. Amends Chapter 794D, Health and Safety Code, by adding 
Section 794.0526, as 
follows:

Sec.  794.0526.  EXCLUSION OF CERTAIN TERRITORY SUBJECT TO 
AD VALOREM 
ASSESSMENTS.  Sets forth provisions regarding a hearing to 
consider the exclusions from 
the rural fire prevention district (district) of territory 
in a planned community.  Sets forth 
provisions for a board of fire commissioners' resolution to 
exclude certain territory.  Sets 
forth provisions regarding an election for creating a 
district.  Sets forth provisions for the 
exclusion of certain territory under certain conditions.  
Defines "planned community" and 
"territory in a planned community."

SECTION 3. Sets forth provisions regarding the governmental 
proceedings and acts of the 
governing body of a rural fire district.  Provides that this 
section does not apply to certain matters.


 SECTION 4. Emergency clause.