By Hamric                                       H.B. No. 2649

      75R8852 JD-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the maximum ad valorem tax rate for certain rural fire

 1-3     prevention districts.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 794.018(a), Health and Safety Code, is

 1-6     amended to read as follows:

 1-7           (a)  On the granting of a petition, the commissioners court

 1-8     shall order an election to confirm the district's creation and

 1-9     authorize the levy of a tax not to exceed:

1-10                 (1)  three cents on each $100 of the taxable value of

1-11     property taxable by the district, if no part of the district is

1-12     located in Harris County; or

1-13                 (2)  five cents on each $100 of the taxable value of

1-14     property taxable by the district, if any part of the district is

1-15     located in Harris County.

1-16           SECTION 2.  Subchapter B, Chapter 794, Health and Safety

1-17     Code, is amended by adding Section 794.0181 to read as follows:

1-18           Sec. 794.0181.  ELECTION TO INCREASE TAX RATE IN HARRIS

1-19     COUNTY.  (a)  The board of fire commissioners of a district any

1-20     part of which is located in Harris County and the creation of which

1-21     was confirmed when the maximum tax rate authorized by Section 48-d,

1-22     Article III, Texas Constitution, was less than the rate specified

1-23     by Section 794.018(a)(2), may order an election to increase the

1-24     maximum tax rate of the district to the rate specified by Section

 2-1     794.018(a)(2).  The proposition on the ballot must set out the

 2-2     proposed maximum tax rate to be authorized at the election.

 2-3           (b)  The board shall give notice of the election as provided

 2-4     by Section 4.003, Election Code.  The notice shall contain the

 2-5     information required by Section 4.004, Election Code.

 2-6           (c)  The election shall be held on the first uniform election

 2-7     date provided by the Election Code after the date of the board's

 2-8     order that allows sufficient time to comply with any requirements

 2-9     of law.

2-10           (d)  If a majority of the votes cast in the election favor

2-11     the increase in the maximum tax rate, the maximum tax rate shall be

2-12     increased to the rate authorized by the election.  The increase in

2-13     the maximum tax rate applies only to a tax year for which the board

2-14     of fire commissioners adopts a tax rate after the date of the

2-15     election.  A board that adopts a tax rate for a tax year on or

2-16     before the date of the election may not adopt a new tax rate for

2-17     that tax year after the date of the election that would exceed the

2-18     maximum tax rate in effect on the date the tax rate was initially

2-19     adopted for that year.

2-20           SECTION 3.  This Act takes effect on the date on which the

2-21     constitutional amendment proposed by __ J.R. No. __ of the 75th

2-22     Legislature, Regular Session, 1997, takes effect.  If that

2-23     amendment is not approved by the voters, this Act has no effect.

2-24           SECTION 4.  The importance of this legislation and the

2-25     crowded condition of the calendars in both houses create an

2-26     emergency and an imperative public necessity that the

2-27     constitutional rule requiring bills to be read on three several

 3-1     days in each house be suspended, and this rule is hereby suspended.