SRC-JLB S.B. 363 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 363
78R645 ATP-DBy: Madla
Intergovernmental Relations
2/13/2003
As Filed


DIGEST AND PURPOSE 

Currently, Section 775.083, Health and Safety Code, requires emergency
services districts (ESDs) to file an annual report with the Secretary of
State's Office containing basic information such as the district's
address, office holders, legal counsel, and tax rate.  However, the
Secretary of State's Office does not provide a comprehensive database of
ESDs from which information may be extracted.  The Office of Rural
Community Affairs (ORCA) is working on the collection of the same
information for purposes of analysis and research so that they may better
serve ESDs by providing technical and procedural assistance.  Some feel
that the Internet-based system should provide for more streamlined data
entry and collection.  ORCA anticipates no fiscal impact, and the
Secretary of State's Office and ORCA support this bill.  As proposed, S.B.
363 moves the annual reporting requirements for ESDs from the Secretary of
State's Office to ORCA and directs ORCA to develop and maintain an
Internetbased system for use by the public to view and search the
database.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 775.083, Health and Safety Code, as follows:

Sec.  775.083.  ANNUAL REPORT.  (a) Requires an emergency services
district (district) on or before January 1 of each year to file with the
Office of Rural Community Affairs, rather than the secretary of state, an
annual report that includes certain information. 

(b) Prohibits the Office of Rural Community Affairs, rather than the
secretary of state, from charging a fee for filing the report. 

(c) Requires the Office of Rural Community Affairs to develop and maintain
an Internet-based system that enables a district to securely file the
report and update the district's information, and the public to view, in a
searchable format, the reports filed by districts under this section. 

(d) Requires a district to update the district's information using the
Internet-based system before the end of the calendar quarter in which the
district's information changes, if the information included in the
district's annual report changes. 

SECTION 2.  Amends Chapter 776E, Health and Safety Code, by adding Section
776.083, as follows: 

Sec.  776.083.  ANNUAL REPORT.  (a) Requires a district on or before
January 1 of each year to file with the Office of Rural Community Affairs
an annual report that includes certain information. 
 
(b) Prohibits the Office of Rural Community Affairs from charging a fee
for filing the report. 

(c) Requires the Office of Rural Community Affairs to develop and maintain
an Internet-based system that enables a district to securely file the
report and update the district's information and the public to view, in a
searchable format, the reports filed by districts under this section. 

(d) Requires a district to update the district's information using the
Internet-based system before the end of the calendar quarter in which the
district's information changes, if the information in the district's
annual report changes. 

SECTION 3.  Requires the Office of Rural Community Affairs to develop an
Internet-based system as required by Sections 775.083(c) and 776.083(c),
Health and Safety Code, as added by this Act, before January 1, 2004. 

SECTION 4.  Effective date:  September 1, 2003.