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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 response districts; providing authority to impose a tax |
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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, as provided by |
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general or local law, such number of emergency response districts |
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as may be determined to be essential to the accomplishment of the |
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purposes described by Subsection (a) of this section. The emergency |
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response districts shall be governmental agencies and bodies |
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politic and corporate with such powers of government and with the |
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authority to exercise such rights, privileges, and functions |
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concerning the subject matter of this section as may be conferred by |
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law. |
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(c) The Legislature may authorize the imposition within the |
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emergency response districts of taxes, equitably distributed, as |
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may be necessary for the payment of interest and the creation of a |
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sinking fund for the payment of bonds or other obligations and for |
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the maintenance of the districts and improvements. The Legislature |
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may not authorize the imposition of taxes for maintenance and |
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operation of an emergency response district, authorize the issuance |
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of any bonds by a district, or provide for any indebtedness against |
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a district unless that proposition is submitted to the qualified |
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voters of the district and adopted by the voters. |
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(d) A local law creating an emergency response district may |
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not be passed unless notice of the intention to introduce the bill |
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setting forth the general substance of the contemplated law has |
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been published at least 30 days and not more than 90 days prior to |
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the introduction of the bill in one or more newspapers having |
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general circulation in each county in which the district or any part |
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of the district is or will be located, and by delivering a copy of |
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the notice and the bill to the governor, who shall submit the |
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notice and the bill to the |
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Division of Emergency Management of the |
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Department of Public Safety of the State of Texas or its successor. |
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The Division or its successor shall file its recommendation as to |
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the bill with the governor, lieutenant governor, and speaker of the |
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house of representatives not later than 30 days after the date the |
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notice is received by the Division or its successor. The notice and |
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copy of a bill shall also be given for the introduction of a bill |
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amending a local law creating or governing a particular emergency |
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response district if 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 local law creating an emergency response district may |
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not be passed unless, at the time notice of the intention to |
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introduce a bill is published as provided by Subsection (d) of this |
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section, 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. |
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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, 2015. |
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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 response districts." |