84R10837 JSL-F

By: Lucio S.B. No. 1109

A BILL TO BE ENTITLED

AN ACT

relating to emergency response districts; providing authority to impose a tax and issue bonds.

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

SECTION 1. Subtitle B, Title 9, Health and Safety Code, is amended by adding Chapter 776 to read as follows:

CHAPTER 776. EMERGENCY RESPONSE DISTRICTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 776.001. DEFINITIONS. In this chapter:

(1) "Board" means the board of emergency response commissioners.

(2) "District" means an emergency response district created under this chapter.

Sec. 776.002. AUTHORIZATION. An emergency response district may be organized as provided by Article III, Section 48-d, of the Texas Constitution to:

(1) protect the health and welfare of the citizens and residents of this state during natural disasters and other emergency situations;

(2) prevent destruction of and damage to property in this state; and

(3) preserve and protect natural resources in this state.

SUBCHAPTER B. CREATION OF DISTRICT

Sec. 776.015. CREATION OF EMERGENCY RESPONSE DISTRICT. (a) Before a district may be created, the commissioners court of the county in which the proposed district will be located must:

(1) receive a petition signed by qualified voters who own taxable real property that is located in the county and in the proposed district requesting the creation of a district; or

(2) call for a public hearing on the creation of a district on its own motion.

(b) At the next regular or special session of the commissioners court held after a petition is filed with the county clerk, the commissioners court shall set a place, date, and time for a public hearing to consider the petition.

Sec. 776.016. HEARING. (a) At the time and place set for the hearing or at a later date then set, the commissioners court shall consider the petition or motion and each issue relating to creation of the district.

(b) Any interested person may appear before the commissioners court in person or by attorney to support or oppose the creation of the district and may offer pertinent testimony.

(c) The commissioners court has exclusive jurisdiction to determine each issue relating to the creation of the district and may issue incidental orders it considers proper in relation to the issues before the commissioners court. The commissioners court may adjourn the hearing as necessary.

Sec. 776.017. PETITION APPROVAL. If after the hearing the commissioners court finds that creation of the district is feasible and will promote the public safety, welfare, health, and convenience of persons residing in the proposed district, the commissioners court shall grant the petition, determine proposed boundaries for the district, and set a proposed maximum rate of ad valorem tax that the district may levy.

Sec. 776.018. ELECTION. (a) On the granting of a petition, the commissioners court shall order an election to confirm the district's creation and authorize the imposition of a tax not to exceed the rate determined under Section 776.017.

(b) The election shall be held on the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with other requirements of law.

Sec. 776.019. ELECTION RESULT. A district is created and organized under this chapter if a majority of the votes cast in the election favor creation of the district.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 776.031. DISTRICT POWERS. (a) A district is a political subdivision of the state. A district shall provide 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.

(b) To perform the functions of the district and to provide emergency response services, a district may:

(1) acquire, purchase, hold, lease, manage, occupy, and sell real and personal property or an interest in property;

(2) enter into and perform necessary contracts;

(3) appoint and employ necessary officers, agents, and employees;

(4) sue and be sued;

(5) impose and collect taxes as prescribed by this chapter;

(6) accept and receive donations;

(7) lease, own, maintain, operate, and provide emergency response vehicles and other necessary or proper apparatus, instrumentalities, equipment, and machinery to provide emergency response services;

(8) construct, lease, own, and maintain real property, improvements, and fixtures necessary to house, repair, and maintain emergency response vehicles and equipment;

(9) contract with other entities, including other districts or municipalities, to make emergency response facilities and emergency response services available to the district;

(10) contract with other entities, including other districts or municipalities, for reciprocal operation of services and facilities if the contracting parties find that reciprocal operation would be mutually beneficial and not detrimental to the district;

(11) borrow money; and

(12) perform other acts necessary to carry out the intent of this chapter.

Sec. 776.032. APPOINTMENT OF BOARD. (a) The county commissioners court shall appoint a board of emergency response commissioners to serve as the district's governing body. Commissioners serve two-year terms and are subject to removal at the will of the commissioners court.

(b) After the votes are canvassed and the commissioners court enters the order creating the district, the commissioners court shall appoint the initial emergency response commissioners to serve until January 1 of the year following the district election. On January 1 of the year following the district election, the court shall stagger the terms of the commissioners appointed.

(c) On January 1 of each year, the commissioners court shall appoint a successor for each emergency response commissioner whose term has expired.

(d) The commissioners court shall fill a vacancy on the board for the remainder of the unexpired term.

Sec. 776.033. AD VALOREM TAX. The board may impose an ad valorem tax on all real and personal property located in the district and subject to district taxation for the district's support and the purposes authorized by this chapter, at a rate not to exceed the maximum rate determined by the commissioners court and approved at the election creating the district.

Sec. 776.034. BONDS AND NOTES. (a) The board may issue bonds and notes to perform any of its powers as provided by this section.

(b) A district may not authorize bonds and notes unless a majority of the district's qualified voters who vote at an election ordered for that purpose approve the issuance of the bonds and notes.

(c) The board may order an election on the bonds and notes. The order must contain the same information contained in the notice of the election.

(d) The board shall publish notice of the election at least once in a newspaper of general circulation in the district. The notice must be published not later than the 31st day before election day.

(e) In addition to the contents of the notice required by the Election Code, the notice must state:

(1) the amount of bonds or notes to be authorized; and

(2) the maximum maturity of the bonds or notes.

SUBCHAPTER D. CONVERSION OF TERRITORY OF EMERGENCY SERVICES

DISTRICT

Sec. 776.071. CONVERSION OF TERRITORY OF EMERGENCY SERVICES DISTRICT. If any part of a district overlaps with the territory of an emergency services district authorized under Chapter 775, the territory in the emergency services district ceases to be in the jurisdiction of the emergency services district.

SECTION 2. 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.