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SENATE JOINT RESOLUTION
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proposing a constitutional amendment to authorize the voters of an |
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emergency services district that has been authorized by those |
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voters to impose an ad valorem tax at a rate not to exceed 10 cents |
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on the $100 valuation to authorize by election, after an audit and a |
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capital improvements plan, the levy of an additional ad valorem |
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tax, at a rate not to exceed five cents on the $100 valuation, for |
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the construction or acquisition of fire stations, equipment, and |
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other property. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 48-e, Article III, Texas Constitution, |
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is amended to read as follows: |
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Sec. 48-e. EMERGENCY SERVICES DISTRICTS. (a) Laws may be |
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enacted to provide for the establishment and creation of special |
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districts to provide emergency services and to authorize the |
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commissioners courts of participating counties to levy a tax on the |
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ad valorem property situated in said districts at a rate not to |
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exceed 10 cents [Ten Cents (10˘)] on the $100 [One Hundred Dollars
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($100.00)] valuation for the operating and capital support thereof |
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and, subject to Subsections (b) and (c) of this section, at a rate |
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not to exceed five cents on the $100 valuation for the construction |
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of fire stations and other facilities used to provide emergency |
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services or the acquisition of land, equipment, or apparatus. No[;
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provided that no] tax shall be levied in support of said districts |
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until approved by a vote of the qualified voters residing therein. |
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Such a district may provide emergency medical services, emergency |
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ambulance services, rural fire prevention and control services, or |
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other emergency services authorized by the Legislature. |
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(b) The tax described by Subsection (a) of this section for |
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the exclusive purposes of construction of fire stations and other |
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facilities used to provide emergency services or the acquisition of |
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land, equipment, or apparatus may be levied only for a district that |
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is authorized to levy a tax on ad valorem property at the maximum |
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rate provided by Subsection (a) of this section of 10 cents on the |
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$100 valuation for any purpose and that has complied with audit |
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requirements and adopted a capital improvements plan as provided by |
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law. |
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(c) A district that conducts an election to allow the voters |
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of the district to approve a tax exclusively for the purposes of |
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construction of fire stations and other facilities used to provide |
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emergency services or the acquisition of land, equipment, or |
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apparatus may not assess the tax described by this subsection at a |
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rate greater than three cents on the $100 valuation or the rate |
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approved by the voters, whichever is less, earlier than two years |
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after the date of approval. Thereafter, the district may assess the |
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tax at the rate approved by the voters, if greater than three cents |
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on the $100 valuation, or may conduct a subsequent election, |
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subject to the requirements provided by law for the first election, |
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to approve the tax at a rate not to exceed five cents on the $100 |
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valuation. The Legislature by law may provide for other |
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circumstances and limit the timing and frequency of elections held |
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under this section. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2009. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to authorize the voters |
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of certain emergency services districts to approve by election, |
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after an audit and adoption of a capital improvements plan, an ad |
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valorem tax at a rate not to exceed five cents for the construction |
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or acquisition of fire stations, equipment, and other property." |