By Carter H.B. No. 2746
77R8761 MXM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to emergency services and rural fire prevention districts;
1-3 providing for a tax.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 775.013(a), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (a) The petition prescribed by Section 775.011 or 775.012
1-8 must show:
1-9 (1) that the district is to be created and is to
1-10 operate under Article III, Section 48-e, [of the] Texas
1-11 Constitution[, as proposed by S.J.R. No. 27, Acts of the 70th
1-12 Legislature, Regular Session, 1987, and adopted by the voters at an
1-13 election held November 3, 1987];
1-14 (2) the name of the proposed district;
1-15 (3) the proposed district's boundaries as designated
1-16 by metes and bounds or other sufficient legal description;
1-17 (4) the services that the proposed district will
1-18 provide;
1-19 (5) that the creation of [none of the territory in]
1-20 the proposed district complies with Sections 775.020 and 775.0205
1-21 [is included in another emergency services district]; and
1-22 (6) [(5)] the mailing address of each petitioner.
1-23 SECTION 2. Section 775.020, Health and Safety Code, is
1-24 amended to read as follows:
2-1 Sec. 775.020. OVERLAPPING DISTRICTS LOCATED WHOLLY IN
2-2 POPULOUS COUNTY. (a) This section applies only to a district
2-3 located wholly in a county with a population of more than three
2-4 million.
2-5 (b) If the territory in one or more districts overlaps, the
2-6 commissioners court of the county in which the most recently
2-7 created district is located by order shall exclude the overlapping
2-8 territory from that district.
2-9 (c) [(b)] For purposes of this section, a district is
2-10 created on the date on which the election approving its creation
2-11 was held. If the elections approving the creation of two or more
2-12 districts are held on the same date, the most recently created
2-13 district is the district for which the hearing regarding approval
2-14 of the petition for creation of the district [required by Section
2-15 775.016] was most recently held.
2-16 (d) [(c)] The creation of a district with boundaries that
2-17 overlap the boundaries of another district does not affect the
2-18 validity of either district.
2-19 SECTION 3. Subchapter B, Chapter 775, Health and Safety Code,
2-20 is amended by adding Section 775.0205 to read as follows:
2-21 Sec. 775.0205. OVERLAPPING DISTRICTS. (a) If the territory
2-22 in a district created under this chapter overlaps with the
2-23 boundaries of another district created under this chapter, a
2-24 district created under Chapter 776, or a rural fire prevention
2-25 district created under Chapter 794, the most recently created
2-26 district may not provide services in the overlapping territory that
2-27 duplicate the services provided by the other district.
3-1 (b) If the territory in more than two districts overlaps,
3-2 the commissioners court of the county in which the most recently
3-3 created district is located by order shall exclude the overlapping
3-4 territory from that district.
3-5 (c) For purposes of this section, a district is created on
3-6 the date on which the election approving its creation was held. If
3-7 the elections approving the creation of two or more districts are
3-8 held on the same date, the most recently created district is the
3-9 district for which the hearing regarding approval of the petition
3-10 for creation of the district was most recently held.
3-11 (d) The creation of a district with boundaries that overlap
3-12 the boundaries of another district does not affect the validity of
3-13 either district.
3-14 (e) This section does not apply to a district located wholly
3-15 in a county with a population of more than three million.
3-16 SECTION 4. Section 775.023(b), Health and Safety Code, is
3-17 amended to read as follows:
3-18 (b) The petition must show:
3-19 (1) that the district is to be created and is to
3-20 operate under Section 48-e, Article III, Texas Constitution[, as
3-21 proposed by S.J.R. No. 27, Acts of the 70th Legislature, Regular
3-22 Session, 1987, and adopted by the voters at an election held
3-23 November 3, 1987];
3-24 (2) the name of the proposed [emergency services]
3-25 district;
3-26 (3) the proposed [emergency services] district's
3-27 boundaries as designated by metes and bounds or other sufficient
4-1 legal description;
4-2 (4) the name of each rural fire prevention district
4-3 that exists in the territory encompassed by the boundaries of the
4-4 proposed [emergency services] district and that is proposed to be
4-5 dissolved;
4-6 (5) the services that the proposed district will
4-7 provide;
4-8 (6) that the creation of the proposed [none of the
4-9 territory in the emergency services] district complies with Section
4-10 775.0205 [is included in another emergency services district]; and
4-11 (7) [(6)] the mailing address of each petitioner.
4-12 SECTION 5. Sections 775.024(a) and (b), Health and Safety
4-13 Code, are amended to read as follows:
4-14 (a) On the granting of a petition under Section 775.023, the
4-15 commissioners court shall order an election to confirm the creation
4-16 of the emergency services district, authorize the imposition of a
4-17 tax not to exceed 15 [10] cents on each $100 of the taxable value
4-18 of property taxable by the district, and assume the assets and
4-19 liabilities of each rural fire prevention district that is proposed
4-20 to be dissolved. At the same time, the commissioners court shall
4-21 order an election in each rural fire prevention district on the
4-22 question of whether to dissolve the rural fire prevention district
4-23 effective on the date that the emergency services district is
4-24 created. Sections 775.018 and 775.019 apply to the election to
4-25 confirm the creation of the emergency services district. Section
4-26 794.059 applies to the election to dissolve the rural fire
4-27 prevention district, except that the commissioners court shall
5-1 perform a duty of the board of fire commissioners under that
5-2 section.
5-3 (b) The ballot in the election to confirm creation of the
5-4 emergency services district must be printed to permit voting for or
5-5 against the proposition: "The creation of the __________ Emergency
5-6 Services District; the transfer to the __________ Emergency
5-7 Services District of the assets and liabilities of __________ Rural
5-8 Fire Prevention District if that district is dissolved; and the
5-9 levy of an ad valorem tax at a rate not to exceed 15 [10] cents on
5-10 each $100 valuation of property."
5-11 SECTION 6. Subchapter E, Chapter 775, Health and Safety Code,
5-12 is amended by adding Section 775.0745 to read as follows:
5-13 Sec. 775.0745. ELECTION TO INCREASE TAX RATE. (a) A board
5-14 may order an election to increase the maximum tax rate of the
5-15 district to any rate at or below the rate allowed by Section 48-e,
5-16 Article III, Texas Constitution. The proposition on the ballot
5-17 must state the proposed maximum tax rate to be authorized at the
5-18 election.
5-19 (b) The board shall give notice of the election as provided
5-20 by Section 4.003, Election Code. The notice shall contain the
5-21 information required by Section 4.004, Election Code.
5-22 (c) The election shall be held on the first uniform election
5-23 date provided by the Election Code after the date of the board's
5-24 order that allows sufficient time to comply with any requirements
5-25 of law.
5-26 (d) If a majority of the votes cast in the election favor
5-27 the increase in the maximum tax rate, the maximum tax rate for the
6-1 district is increased to the rate authorized by the election. The
6-2 increase in the maximum tax rate does not apply to a tax year for
6-3 which the board adopts a tax rate before the date of the election.
6-4 SECTION 7. Section 776.013, Health and Safety Code, is
6-5 amended to read as follows:
6-6 Sec. 776.013. CONTENTS OF PETITION. The petition for the
6-7 creation of a district must show [contain]:
6-8 (1) [a statement] that the district is to be created
6-9 and is to operate under Article III, Section 48-e, [of the] Texas
6-10 Constitution[, as proposed by S.J.R. No. 27, Acts of the 70th
6-11 Legislature, Regular Session, 1987, and adopted by the voters at an
6-12 election held November 3, 1987];
6-13 (2) the name of the proposed district;
6-14 (3) the proposed district's boundaries as designated
6-15 by metes and bounds or other sufficient legal description;
6-16 (4) the services that the proposed district will
6-17 provide;
6-18 (5) [a statement] that the creation of [none of the
6-19 territory in] the proposed district complies with Section 776.021
6-20 [is included in another emergency services district];
6-21 (6) [(5)] the mailing address of each petitioner; and
6-22 (7) [(6)] an agreement signed by at least two
6-23 petitioners that obligates them to pay not more than $150 of the
6-24 costs incident to the formation of the district, including the
6-25 costs of publishing notices, election costs, and other necessary
6-26 and incidental expenses.
6-27 SECTION 8. Section 776.019(a), Health and Safety Code, is
7-1 amended to read as follows:
7-2 (a) On the granting of a petition, the commissioners court
7-3 shall order an election to confirm the district's creation and
7-4 authorize the levy of a tax not to exceed 15[:]
7-5 [(1) 10] cents on each $100 of the taxable value of
7-6 property taxable by the district[; or]
7-7 [(2) two cents on each $100 of the taxable value of
7-8 property taxable by the district if any area in the district is
7-9 also included in a rural fire prevention district].
7-10 SECTION 9. Section 776.021, Health and Safety Code, is
7-11 amended to read as follows:
7-12 Sec. 776.021. OVERLAPPING DISTRICTS. (a) If the territory
7-13 in a district created under this chapter overlaps with the
7-14 boundaries of another district created under this chapter, a
7-15 district created under Chapter 775, or a rural fire prevention
7-16 district created under Chapter 794, the most recently created
7-17 district may not provide services in the overlapping territory that
7-18 duplicate the services provided by the other district.
7-19 (b) If the territory in [one or] more than two districts
7-20 overlaps, the commissioners court of the county in which the most
7-21 recently created district is located by order shall exclude the
7-22 overlapping territory from that district.
7-23 (c) [(b)] For purposes of this section, a district is
7-24 created on the date on which the election confirming its creation
7-25 was held. If the elections confirming the creation of two or more
7-26 districts are held on the same date, the most recently created
7-27 district is the district for which the hearing required by Section
8-1 776.016 was most recently held.
8-2 (d) [(c)] The creation of [fact that] a district [is
8-3 created] with boundaries that overlap the boundaries of another
8-4 district does not affect the validity of either district.
8-5 SECTION 10. Subchapter E, Chapter 776, Health and Safety
8-6 Code, is amended by adding Section 776.0755 to read as follows:
8-7 Sec. 776.0755. ELECTION TO INCREASE TAX RATE. (a) A board
8-8 may order an election to increase the maximum tax rate of the
8-9 district to any rate at or below the rate allowed by Section 48-e,
8-10 Article III, Texas Constitution. The proposition on the ballot
8-11 must state the proposed maximum tax rate to be authorized at the
8-12 election.
8-13 (b) The board shall give notice of the election as provided
8-14 by Section 4.003, Election Code. The notice shall contain the
8-15 information required by Section 4.004, Election Code.
8-16 (c) The election shall be held on the first uniform election
8-17 date provided by the Election Code after the date of the board's
8-18 order that allows sufficient time to comply with any requirements
8-19 of law.
8-20 (d) If a majority of the votes cast in the election favor
8-21 the increase in the maximum tax rate, the maximum tax rate for the
8-22 district is increased to the rate authorized by the election. The
8-23 increase in the maximum tax rate does not apply to a tax year for
8-24 which the board adopts a tax rate before the date of the election.
8-25 SECTION 11. Section 794.013(a), Health and Safety Code, is
8-26 amended to read as follows:
8-27 (a) The petition prescribed by Section 794.011 or 794.012
9-1 must show:
9-2 (1) that the district is to be created and is to
9-3 operate under Article III, Section 48-d, [of the] Texas
9-4 Constitution;
9-5 (2) the name of the proposed district;
9-6 (3) the district's boundaries as designated by metes
9-7 and bounds or other sufficient legal description;
9-8 (4) that the creation of [none of the territory in]
9-9 the proposed district complies with Sections 794.020 and 794.0205
9-10 [is included in another rural fire prevention district]; and
9-11 (5) the mailing address of each petitioner.
9-12 SECTION 12. Section 794.018(a), Health and Safety Code, is
9-13 amended to read as follows:
9-14 (a) On the granting of a petition, the commissioners court
9-15 shall order an election to confirm the district's creation and
9-16 authorize the levy of a tax not to exceed 10[:]
9-17 [(1) three] cents on each $100 of the taxable value of
9-18 property taxable by the district[, if no part of the district is
9-19 located in Harris County; or]
9-20 [(2) five cents on each $100 of the taxable value of
9-21 property taxable by the district, if any part of the district is
9-22 located in Harris County].
9-23 SECTION 13. Section 794.0181, Health and Safety Code, is
9-24 amended to read as follows:
9-25 Sec. 794.0181. ELECTION TO INCREASE TAX RATE [IN HARRIS
9-26 COUNTY]. (a) A [The] board [of fire commissioners of a district
9-27 any part of which is located in Harris County and the creation of
10-1 which was confirmed when the maximum tax rate authorized by Section
10-2 48-d, Article III, Texas Constitution, was less than the rate
10-3 specified by Section 794.018(a)(2),] may order an election to
10-4 increase the maximum tax rate of the district to any rate at or
10-5 below the rate allowed by Section 48-d, Article III, Texas
10-6 Constitution [specified by Section 794.018(a)(2)]. The proposition
10-7 on the ballot must set out the proposed maximum tax rate to be
10-8 authorized at the election.
10-9 (b) The board shall give notice of the election as provided
10-10 by Section 4.003, Election Code. The notice shall contain the
10-11 information required by Section 4.004, Election Code.
10-12 (c) The election shall be held on the first uniform election
10-13 date provided by the Election Code after the date of the board's
10-14 order that allows sufficient time to comply with any requirements
10-15 of law.
10-16 (d) If a majority of the votes cast in the election favor
10-17 the increase in the maximum tax rate, the maximum tax rate shall be
10-18 increased to the rate authorized by the election. The increase in
10-19 the maximum tax rate does not apply to a tax year for which the
10-20 board adopts a tax rate before the date of the election [applies
10-21 only to a tax year for which the board of fire commissioners adopts
10-22 a tax rate after the date of the election. A board that adopts a
10-23 tax rate for a tax year on or before the date of the election may
10-24 not adopt a new tax rate for that tax year after the date of the
10-25 election that would exceed the maximum tax rate in effect on the
10-26 date the tax rate was initially adopted for that year].
10-27 SECTION 14. Section 794.020, Health and Safety Code, is
11-1 amended to read as follows:
11-2 Sec. 794.020. OVERLAPPING DISTRICTS LOCATED WHOLLY IN
11-3 POPULOUS COUNTY. (a) This section applies only to a district
11-4 located wholly in a county with a population of more than three
11-5 million.
11-6 (b) If the territory in one or more districts overlaps, the
11-7 commissioners court of the county in which the most recently
11-8 created district is located by order shall exclude the overlapping
11-9 territory from that district.
11-10 (c) [(b)] For purposes of this section, a district is
11-11 created on the date on which the election approving its creation
11-12 was held. If the elections approving the creation of two or more
11-13 districts are held on the same date, the most recently created
11-14 district is the district for which the hearing required by Section
11-15 794.016 was most recently held.
11-16 (d) [(c)] The creation of [fact that] a district [is
11-17 created] with boundaries that overlap the boundaries of another
11-18 district does not affect the validity of either district.
11-19 SECTION 15. Subchapter B, Chapter 794, Health and Safety
11-20 Code, is amended by adding Section 794.0205 to read as follows:
11-21 Sec. 794.0205. OVERLAPPING DISTRICTS. (a) If the territory
11-22 in a district created under this chapter overlaps with the
11-23 boundaries of another district created under this chapter or an
11-24 emergency services district created under Chapter 775 or 776, the
11-25 most recently created district may not provide services in the
11-26 overlapping territory that duplicate the services provided by the
11-27 other district.
12-1 (b) If the territory in more than two districts overlaps,
12-2 the commissioners court of the county in which the most recently
12-3 created district is located by order shall exclude the overlapping
12-4 territory from that district.
12-5 (c) For purposes of this section, a district is created on
12-6 the date on which the election approving its creation was held. If
12-7 the elections approving the creation of two or more districts are
12-8 held on the same date, the most recently created district is the
12-9 district for which the hearing regarding approval of the petition
12-10 for creation of the district was most recently held.
12-11 (d) The creation of a district with boundaries that overlap
12-12 the boundaries of another district does not affect the validity of
12-13 either district.
12-14 (e) This section does not apply to a district located wholly
12-15 in a county with a population of more than three million.
12-16 SECTION 16. Sections 775.018(b), 775.0741, and 775.0742,
12-17 Health and Safety Code, are repealed.
12-18 SECTION 17. (a) Except as provided by Subsection (b) of this
12-19 section, this Act takes effect January 1, 2002.
12-20 (b) Sections 5, 6, 8, 10, 12, and 13 of this Act take effect
12-21 January 1, 2002, but only if the constitutional amendment proposed
12-22 by the 77th Legislature, Regular Session, 2001, increasing the
12-23 maximum tax rate allowed on property in emergency service and rural
12-24 fire prevention districts is approved by the voters. If that
12-25 amendment is not approved by the voters, those sections have no
12-26 effect.