By: Miller of Comal H.B. No. 2249

A BILL TO BE ENTITLED

AN ACT

relating to the creation, powers and duties, and administration of emergency response districts; providing authority to impose taxes and issue bonds.

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

SECTION 1. CREATION OF EMERGENCY RESPONSE DISTRICT. (a) After receiving a petition that is signed by qualified voters in a county owning taxable real property in the county and that requests the creation of an emergency response district, or on its own initiative, the commissioners court shall hold a public hearing on the issue.

(b) If the commissioners court determines after the hearing that the issue of creation of an emergency response district should be submitted to the voters, the court shall determine proposed boundaries for the district, set a proposed maximum rate of ad valorem tax for real property in the district, and call an election on the issue.

(c) If a majority of the qualified voters voting at the election approve the proposition to create the emergency response district, the district is created.

SECTION 2. ADMINISTRATION OF DISTRICT. If an emergency response district is created as provided by Section 1 of this Act, the commissioners court shall appoint a board of commissioners to administer the district. A member of the board appointed under this section serves a two-year term and is subject to removal at the will of the commissioners court.

SECTION 3. GENERAL POWERS AND DUTIES. The board of commissioners of an emergency response district has the duty of providing services relating to:

(1) fire prevention and suppression;

(2) emergency medical services;

(3) rescue of persons on district waterways;

(4) enforcement of a district fire code; and

(5) regulation of hazardous materials.

SECTION 4. IMPOSITION OF TAX; ISSUANCE OF BONDS. An emergency response district has the power to impose an ad valorem tax on real property in the district at a rate not to exceed the rate approved at the election at which the district was created. The district may issue bonds in amounts necessary to repay indebtedness created by use of tax revenues.

SECTION 5. CONVERSION OF EMERGENCY SERVICES DISTRICT. On creation of an emergency response district under this Act, any portion of an emergency services district that is included within the boundaries of the emergency response district becomes part of the emergency response district and ceases to exist as a separate entity.

SECTION 6. EFFECTIVE DATE. This Act takes effect January 1, 2016, but only if the constitutional amendment proposed by the 84th Legislature, Regular Session, 2015, authorizing the creation of emergency response districts, is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.