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A JOINT RESOLUTION
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proposing a constitutional amendment to authorize the creation of |
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emergency and disaster response districts; providing authority to |
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impose a tax and issue bonds. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article III, Texas Constitution, is amended by |
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adding Section 48-d to read as follows: |
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Sec. 48-d. (a) The following are declared to be public |
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rights and duties, and the Legislature may pass laws as may be |
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appropriate relating to: |
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(1) protection of the health and welfare of the |
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citizens and residents of this State during natural disasters and |
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other emergency situations; |
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(2) prevention of and protection from damage to or |
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destruction of property in this State; and |
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(3) preservation and protection of natural resources |
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in this State. |
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(b) There may be created within this State, or the State may |
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be divided into, such number of emergency and disaster response |
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districts as may be determined to be essential to the |
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accomplishment of the purposes of this section. The emergency and |
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disaster response districts shall be governmental agencies and |
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bodies politic and corporate with such powers of government and |
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with the authority to exercise such rights, privileges, and |
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functions concerning the subject matter of this section as may be |
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conferred by law. |
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(c) The Legislature shall authorize indebtedness necessary |
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to provide improvements and the maintenance of those improvements |
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necessary to the achievement of the purposes of this section. The |
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indebtedness may be evidenced by bonds of the emergency and |
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disaster response districts, to be issued as may be prescribed by |
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law. The Legislature shall also authorize the imposition within |
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the emergency and disaster response districts of taxes, equitably |
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distributed, as may be necessary for the payment of interest and the |
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creation of a sinking fund for the payment of bonds and for the |
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maintenance of the districts and improvements. The indebtedness |
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shall be a lien on the property assessed for the payment of the |
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indebtedness. The Legislature may not authorize the issuance of any |
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bonds or provide for any indebtedness against an emergency and |
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disaster response district unless that proposition is submitted to |
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the qualified voters of the district and adopted by the voters. |
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(d) A law creating an emergency and disaster response |
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district may not be passed unless notice of the intention to |
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introduce the bill setting forth the general substance of the |
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contemplated law has been published at least 30 days and not more |
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than 90 days prior to the introduction of the bill in a newspaper or |
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newspapers having general circulation in the county or counties in |
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which the district or any part of the district is or will be |
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located, and by delivering a copy of the notice and the bill to the |
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governor, who shall submit the notice and the bill to the Division |
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of Emergency Management of the Department of Public Safety of the |
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State of Texas or its successor. The Division or its successor shall |
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file its recommendation as to the bill with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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not later than 30 days after the date the notice is received by the |
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Division or its successor. The notice and copy of a bill shall also |
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be given for the introduction of a bill amending a law creating or |
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governing a particular emergency and disaster response district if |
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the bill: |
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(1) adds additional land to the district; |
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(2) alters the taxing authority of the district; |
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(3) alters the authority of the district with respect |
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to the issuance of bonds; or |
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(4) alters the qualifications or terms of office of |
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the members of the governing body of the district. |
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(e) A law creating an emergency and disaster response |
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district may not be passed unless, at the time notice of the |
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intention to introduce a bill is published as provided in |
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Subsection (d), a copy of the proposed bill is delivered to the |
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commissioners court of each county in which the district or any part |
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of the district is or will be located and to the governing body of |
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each municipality in whose jurisdiction the district or any part of |
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the district is or will be located. Each commissioners court and |
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governing body may file its written consent or opposition to the |
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creation of the proposed district with the governor, lieutenant |
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governor, and speaker of the house of representatives. Each special |
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law creating an emergency and disaster response district shall |
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comply with the provisions of the general laws then in effect |
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relating to consent by political subdivisions to the creation of |
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emergency and disaster response districts and to the inclusion of |
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land in the district. |
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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 5, 2013. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment to authorize the |
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creation of emergency and disaster response districts." |