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. 1-60 * * * * *