83R3867 JXC-D

By: Marquez H.B. No. 685

A BILL TO BE ENTITLED

AN ACT

relating to commissioners court oversight of certain emergency services districts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 775, Health and Safety Code, is amended by adding Subchapter K to read as follows:

SUBCHAPTER K. DISTRICTS IN CERTAIN COUNTIES

Sec. 775.301. DEFINITION. In this subchapter, "commissioners court" means the commissioners court of a county that borders the United Mexican States and has a population of more than 800,000.

Sec. 775.302. APPLICABILITY; SUBCHAPTER SUPERSEDES. (a) This subchapter applies only to a district that is located wholly or partly in a county that borders the United Mexican States and has a population of more than 800,000.

(b) This subchapter controls over a provision of this chapter or other law to the extent of a conflict.

Sec. 775.303. POWERS RELATING TO DISTRICT PROPERTY, FACILITIES, AND EQUIPMENT. (a) With the approval of the commissioners court, the board may construct, acquire, lease, add to, maintain, operate, develop, regulate, sell, exchange, and convey any property, property right, equipment, facility, or system to maintain a building or other facility or to provide a service required by the district.

(b) Notwithstanding any other law, the board may, with the approval of the commissioners court, lease undeveloped real property for not more than 50 years to provide for the development and construction of facilities designed to generate revenue for the financial benefit of the district. The board, directly or through a nonprofit corporation, may contract or enter into a joint venture with a public or private entity as necessary to enter into a lease under this subsection.

(c) The board may not borrow money or make other financial arrangements under Section 775.085 unless the commissioners court approves the transaction.

Sec. 775.304. CONTRACTING AUTHORITY. (a) With the approval of the commissioners court, the board may, in performing its powers under Section 775.303, contract or cooperate with:

(1) the federal government;

(2) this state;

(3) another governmental entity; or

(4) a privately owned or operated hospital.

(b) The district may not enter into a contract with a local government under Section 775.0366 unless the commissioners court approves that contract.

(c) The board shall encourage and promote participation by all sectors of the business community, including small businesses and businesses owned by members of a minority group or by women, in the process by which the district enters into contracts. The board shall develop a plan for the district to identify and remove barriers that do not have a definite or objective relationship to quality or competence and that unfairly discriminate against small businesses and businesses owned by members of a minority group or by women. These barriers may include contracting procedures and contract specifications or conditions.

Sec. 775.305. COUNTY AUTHORITY TO SELL, LEASE, AND PURCHASE FACILITIES FOR DISTRICT PURPOSES. (a) The commissioners court may sell real or personal property in order to enter into a contract to:

(1) lease or rent buildings, land, facilities, equipment, or services from others for district purposes;

(2) construct, repair, renovate, improve, or enlarge buildings, land, facilities, or equipment for district purposes; and

(3) pay regular monthly utility bills, including electricity, gas, and water bills, for the leased or rented buildings, land, facilities, equipment, or services.

(b) The commissioners court may pay for the facilities, equipment, and services and for the regular monthly utility bills for those facilities, equipment, and services from the county's general fund if a majority of the commissioners court considers the facilities, equipment, and services essential to the proper administration of the county.

(c) A construction project under this section shall be let by contract. The contract must contain the prevailing wage for mechanics, laborers, and other persons employed in the project.

(d) On or before the expiration of the lease or rental contract, the county may purchase the facilities with county general funds if a majority of the commissioners court considers the purchase price reasonable.

Sec. 775.306. PURCHASING PROCEDURES. A district shall purchase items in accordance with the same procedures and subject to the same requirements applicable to a county under Subchapter C, Chapter 262, Local Government Code. For the purposes of this section, a district is treated as if it were a county.

Sec. 775.307. BUDGET. The board shall prepare an annual budget. The board shall present the annual budget to the commissioners court for final approval.

Sec. 775.308. AD VALOREM TAX. (a) With respect to the imposition or collection of an ad valorem tax imposed for the benefit of a district to which this subchapter applies, the commissioners court has the authority assigned by law to the board of the district, including the authority to:

(1) adopt an exemption, partial exemption, or other form of relief from an ad valorem tax;

(2) elect to tax property that would otherwise be exempt from an ad valorem tax;

(3) exercise a power granted to a taxing unit under Section 6.30, Tax Code; and

(4) determine whether the district may call an election under Section 775.0745 to increase the district's tax rate.

(b) The board of a district to which this subchapter applies may not exercise a power granted by Subsection (a) to the commissioners court with respect to the imposition or collection of an ad valorem tax imposed for the benefit of the district.

SECTION 2. This Act takes effect September 1, 2013.