BILL ANALYSIS

C.S.H.B. 339

By: Laubenberg

Urban Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties contend that population brackets in current law relating to the creation of fire control, prevention, and emergency medical services districts by certain municipalities prevent some home-rule municipalities from creating such a district by repurposing collected taxes otherwise available for economic development purposes.  In an effort to address the need for such districts in some home-rule municipalities, C.S.H.B. 339 seeks to expand the authority for proposing the creation of a fire control, prevention, and emergency medical services district.

RULEMAKING AUTHORITY

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

ANALYSIS

C.S.H.B. 339 amends the Local Government Code to authorize the governing body of a municipality to propose the creation of a fire control, prevention, and emergency medical services district if the municipality has a population of 5,000 or more and less than 25,000 and is located in a county with a population of 750,000 or more in which all or part of a municipality with a population of one million or more is located and that is adjacent to a county with a population of two million or more.

EFFECTIVE DATE

September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 339 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Section 344.051(a), Local Government Code, is amended to read as follows: (a)  The governing body of a municipality with a population of not less than 5,000 [25,000] nor more than 550,000, or a municipality with a population of more than 1.9 million, may propose the creation of a fire control, prevention, and emergency medical services district under this chapter.	No equivalent provision.
SECTION 2.  Section 344.201(a), Local Government Code, is amended to read as follows: (a)  The board shall establish the fiscal year for the district, and the district shall operate on the basis of that year. In a district for which the governing body of the municipality serves as the district's board of directors, the board shall adopt the municipality's fiscal year as the fiscal year for the district.	No equivalent provision.
No equivalent provision.	SECTION 1.  Section 344.051, Local Government Code, is amended by adding Subsection (a-1) to read as follows: (a-1)  The governing body of a municipality may propose the creation of a fire control, prevention, and emergency medical services district under this chapter if the municipality: (1)  has a population of 5,000 or more and less than 25,000; and (2)  is located in a county with a population of 750,000 or more: (A)  in which all or part of a municipality with a population of one million or more is located; and (B)  that is adjacent to a county with a population of two million or more.
SECTION 3.  This Act takes effect September 1, 2013.	SECTION 2. Same as introduced version.