By Carter H.B. No. 2745
77R8349 MXM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the property tax rate in overlapping emergency services
1-3 and rural fire prevention districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 775.018(a), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (a) On [Except as provided by Subsection (b), on] the
1-8 granting of a petition, the commissioners court shall order an
1-9 election to confirm the district's creation and authorize the
1-10 imposition of a tax not to exceed 10 cents on each $100 of the
1-11 taxable value of property taxable by the district [or three cents
1-12 on each $100 of the taxable value of property taxable by the
1-13 district if any area in the district is also included in a rural
1-14 fire prevention district].
1-15 SECTION 2. Subchapter E, Chapter 775, Health and Safety Code,
1-16 is amended by adding Section 775.0745 to read as follows:
1-17 Sec. 775.0745. ELECTION TO INCREASE TAX RATE. (a) A board
1-18 may order an election to increase the maximum tax rate of the
1-19 district to any rate at or below the rate allowed by Section 48-e,
1-20 Article III, Texas Constitution. The proposition on the ballot
1-21 must state the proposed maximum tax rate to be authorized at the
1-22 election.
1-23 (b) The board shall give notice of the election as provided
1-24 by Section 4.003, Election Code. The notice shall contain the
2-1 information required by Section 4.004, Election Code.
2-2 (c) The election shall be held on the first uniform election
2-3 date provided by the Election Code after the date of the board's
2-4 order that allows sufficient time to comply with any requirements
2-5 of law.
2-6 (d) If a majority of the votes cast in the election favor
2-7 the increase in the maximum tax rate, the maximum tax rate for the
2-8 district is increased to the rate authorized by the election. The
2-9 increase in the maximum tax rate does not apply to a tax year for
2-10 which the board adopts a tax rate before the date of the election.
2-11 SECTION 3. Section 776.019(a), Health and Safety Code, is
2-12 amended to read as follows:
2-13 (a) On the granting of a petition, the commissioners court
2-14 shall order an election to confirm the district's creation and
2-15 authorize the levy of a tax not to exceed[:]
2-16 [(1)] 10 cents on each $100 of the taxable value of
2-17 property taxable by the district[; or]
2-18 [(2) two cents on each $100 of the taxable value of
2-19 property taxable by the district if any area in the district is
2-20 also included in a rural fire prevention district].
2-21 SECTION 4. Subchapter E, Chapter 776, Health and Safety Code,
2-22 is amended by adding Section 776.0755 to read as follows:
2-23 Sec. 776.0755. ELECTION TO INCREASE TAX RATE. (a) A board
2-24 may order an election to increase the maximum tax rate of the
2-25 district to any rate at or below the rate allowed by Section 48-e,
2-26 Article III, Texas Constitution. The proposition on the ballot
2-27 must state the proposed maximum tax rate to be authorized at the
3-1 election.
3-2 (b) The board shall give notice of the election as provided
3-3 by Section 4.003, Election Code. The notice shall contain the
3-4 information required by Section 4.004, Election Code.
3-5 (c) The election shall be held on the first uniform election
3-6 date provided by the Election Code after the date of the board's
3-7 order that allows sufficient time to comply with any requirements
3-8 of law.
3-9 (d) If a majority of the votes cast in the election favor
3-10 the increase in the maximum tax rate, the maximum tax rate for the
3-11 district is increased to the rate authorized by the election. The
3-12 increase in the maximum tax rate does not apply to a tax year for
3-13 which the board adopts a tax rate before the date of the election.
3-14 SECTION 5. Sections 775.018(b), 775.0741, and 775.0742,
3-15 Health and Safety Code, are repealed.
3-16 SECTION 6. This Act takes effect immediately if it receives
3-17 a vote of two-thirds of all the members elected to each house, as
3-18 provided by Section 39, Article III, Texas Constitution. If this
3-19 Act does not receive the vote necessary for immediate effect, this
3-20 Act takes effect September 1, 2001.