H.J.R. 61 78(R)    Page  of 1BILL ANALYSIS


H.J.R. 61
By: McReynolds
Urban Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Article III of the Texas Constitution is entitled Legislative Department.
It contains the provisions regarding the legislative branch of government,
vested in the Senate and House of Representatives. Article III contains
provisions regulating procedural matters of the legislature, as well as
substantive powers.  Section 52, of Article III, also prohibits grants and
loans of public property and public money.  H.J.R. 61 would authorize an
exception from this prohibition for municipalities to give unneeded fire
fighting equipment to the state, with further authority to give the
equipment to rural volunteer fire departments.  As proposed, House Joint
Resolution 61 requires the submission to the voters of a constitutional
amendment authorizing municipalities to donate surplus fire-fighting
equipment or supplies for the benefit of rural volunteer fire departments. 


RULEMAKING AUTHORITY

It is the committee's opinion that this resolution does not expressly
grant any additional rulemaking authority to a state officer, department,
agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article III of the Texas Constitution to add Section
52-i to authorize cities to give fire fighting equipment, supplies and
materials that are surplus to the Texas Forest Service or a successor
agency for possible redistribution to rural volunteer fire departments in
the state. 

SECTION 2. To be voted on November 4, 2003; ballot proposition.


FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 4, 2003.  If the voters approve the
amendment, House Joint Resolution 61 takes effect on the date of the
official canvass of returns showing adoption.