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H.B. No. 2073
AN ACT
relating to the ad valorem tax rate of a hospital district created
under general or special law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 285, Health and Safety Code, is amended
by adding Subchapter M to read as follows:
SUBCHAPTER M. CHANGE IN RATE OF AD VALOREM TAXES
Sec. 285.201. ELECTION TO INCREASE MAXIMUM TAX RATE. (a)
Registered voters of a hospital district that is authorized to
impose ad valorem taxes and that has a maximum tax rate of less than
75 cents on the $100 valuation of all taxable property in the
district may file a petition with the secretary of the governing
body of the hospital district requesting an election to authorize
the increase of that maximum tax rate. The petition must be signed
by at least the lesser of:
(1) 100 of the registered voters of the district; or
(2) the number equal to 15 percent of the registered
voters of the district.
(b) The petition must state the maximum tax rate to be voted
on at the election, which may not exceed 75 cents on the $100
valuation of all taxable property in the district.
(c) The governing body of the hospital district by order
shall set a time and place to hold a hearing on the petition to
increase the maximum tax rate of the district. The governing body
shall set a date for the hearing that is not earlier than the 10th
day after the date the governing body issues the order.
(d) If after the hearing the governing body of the hospital
district finds that the petition is in proper form and that an
increase of the maximum tax rate would benefit the district, the
governing body shall order an election to authorize the increase of
the maximum tax rate to the tax rate stated in the petition. The
order calling the election must state the:
(1) nature of the election, including the proposition
that is to appear on the ballot;
(2) date of the election;
(3) maximum tax rate to be voted on at the election;
(4) hours during which the polls will be open; and
(5) location of the polling places.
(e) The governing body of the hospital district shall give
notice of the election by publishing a substantial copy of the
election order in a newspaper with general circulation in the
district once a week for two consecutive weeks. The first
publication must appear before the 35th day before the date set for
the election.
(f) The ballot for the election shall be printed to permit
voting for or against the proposition: "The increase by the
______________(name of district) Hospital District of the rate of
annual taxes imposed for hospital purposes to a rate not to exceed
___________ (insert the amount prescribed by the petition, not to
exceed 75 cents) on each $100 valuation of all taxable property in
the district."
(g) After ordering an election under this subchapter, the
governing body of the hospital district shall hold the election on
the first authorized uniform election date prescribed by Section
41.001, Election Code, that allows sufficient time to comply with
other requirements of law.
(h) If the majority of the votes cast in the district favor
the proposition, the maximum tax rate of the district is increased
to the tax rate stated in the petition.
Sec. 285.202. EXPIRATION. This subchapter expires
September 1, 2008.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2073 was passed by the House on April
30, 2003, by the following vote: Yeas 142, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2073 on May 30, 2003, by the following vote: Yeas 142, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2073 was passed by the Senate, with
amendments, on May 28, 2003, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor