1-1     By:  Hamric (Senate Sponsor - Lindsay)                H.B. No. 2649

 1-2           (In the Senate - Received from the House April 18, 1997;

 1-3     April 22, 1997, read first time and referred to Committee on

 1-4     Intergovernmental Relations; May 13, 1997, reported favorably by

 1-5     the following vote:  Yeas 9, Nays 0; May 13, 1997, sent to

 1-6     printer.)

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to the maximum ad valorem tax rate for certain rural fire

1-10     prevention districts.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Section 794.018(a), Health and Safety Code, is

1-13     amended to read as follows:

1-14           (a)  On the granting of a petition, the commissioners court

1-15     shall order an election to confirm the district's creation and

1-16     authorize the levy of a tax not to exceed:

1-17                 (1)  three cents on each $100 of the taxable value of

1-18     property taxable by the district, if no part of the district is

1-19     located in Harris County; or

1-20                 (2)  five cents on each $100 of the taxable value of

1-21     property taxable by the district, if any part of the district is

1-22     located in Harris County.

1-23           SECTION 2.  Subchapter B, Chapter 794, Health and Safety

1-24     Code, is amended by adding Section 794.0181 to read as follows:

1-25           Sec. 794.0181.  ELECTION TO INCREASE TAX RATE IN HARRIS

1-26     COUNTY.  (a)  The board of fire commissioners of a district any

1-27     part of which is located in Harris County and the creation of which

1-28     was confirmed when the maximum tax rate authorized by Section 48-d,

1-29     Article III, Texas Constitution, was less than the rate specified

1-30     by Section 794.018(a)(2), may order an election to increase the

1-31     maximum tax rate of the district to the rate specified by Section

1-32     794.018(a)(2).  The proposition on the ballot must set out the

1-33     proposed maximum tax rate to be authorized at the election.

1-34           (b)  The board shall give notice of the election as provided

1-35     by Section 4.003, Election Code.  The notice shall contain the

1-36     information required by Section 4.004, Election Code.

1-37           (c)  The election shall be held on the first uniform election

1-38     date provided by the Election Code after the date of the board's

1-39     order that allows sufficient time to comply with any requirements

1-40     of law.

1-41           (d)  If a majority of the votes cast in the election favor

1-42     the increase in the maximum tax rate, the maximum tax rate shall be

1-43     increased to the rate authorized by the election.  The increase in

1-44     the maximum tax rate applies only to a tax year for which the board

1-45     of fire commissioners adopts a tax rate after the date of the

1-46     election.  A board that adopts a tax rate for a tax year on or

1-47     before the date of the election may not adopt a new tax rate for

1-48     that tax year after the date of the election that would exceed the

1-49     maximum tax rate in effect on the date the tax rate was initially

1-50     adopted for that year.

1-51           SECTION 3.  This Act takes effect on the date on which the

1-52     constitutional amendment proposed by H.J.R. No. 96 of the 75th

1-53     Legislature, Regular Session, 1997, takes effect.  If that

1-54     amendment is not approved by the voters, this Act has no effect.

1-55           SECTION 4.  The importance of this legislation and the

1-56     crowded condition of the calendars in both houses create an

1-57     emergency and an imperative public necessity that the

1-58     constitutional rule requiring bills to be read on three several

1-59     days in each house be suspended, and this rule is hereby suspended.

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