Bill Text: TX SJR64 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Proposing a constitutional amendment to authorize the creation of emergency response districts; providing authority to impose a tax and issue bonds.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-04-30 - Left pending in committee [SJR64 Detail]

Download: Texas-2015-SJR64-Introduced.html
 
 
  By: Lucio S.J.R. No. 64
 
 
 
   
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment to authorize the creation of
  emergency response districts; providing authority to impose a tax
  and issue bonds.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article III, Texas Constitution, is amended by
  adding Section 48-d to read as follows:
         Sec. 48-d.  (a)  The following are declared to be public
  rights and duties, and the Legislature may pass laws as may be
  appropriate relating to:
               (1)  protection of the health and welfare of the
  citizens and residents of this State during natural disasters and
  other emergency situations;
               (2)  prevention of and protection from damage to or
  destruction of property in this State; and
               (3)  preservation and protection of natural resources
  in this State.
         (b)  There may be created within this State, as provided by
  general or local law, such number of emergency response districts
  as may be determined to be essential to the accomplishment of the
  purposes described by Subsection (a) of this section. The emergency
  response districts shall be governmental agencies and bodies
  politic and corporate with such powers of government and with the
  authority to exercise such rights, privileges, and functions
  concerning the subject matter of this section as may be conferred by
  law.
         (c)  The Legislature may authorize the imposition within the
  emergency response districts of taxes, equitably distributed, as
  may be necessary for the payment of interest and the creation of a
  sinking fund for the payment of bonds or other obligations and for
  the maintenance of the districts and improvements. The Legislature
  may not authorize the imposition of taxes for maintenance and
  operation of an emergency response district, authorize the issuance
  of any bonds by a district, or provide for any indebtedness against
  a district unless that proposition is submitted to the qualified
  voters of the district and adopted by the voters.
         (d)  A local law creating an emergency response district may
  not be passed unless notice of the intention to introduce the bill
  setting forth the general substance of the contemplated law has
  been published at least 30 days and not more than 90 days prior to
  the introduction of the bill in one or more newspapers having
  general circulation in each county in which the district or any part
  of the district is or will be located, and by delivering a copy of
  the notice and the bill to the governor, who shall submit the notice
  and the bill to the Division of Emergency Management of the
  Department of Public Safety of the State of Texas or its successor.  
  The Division or its successor shall file its recommendation as to
  the bill with the governor, lieutenant governor, and speaker of the
  house of representatives not later than 30 days after the date the
  notice is received by the Division or its successor.  The notice and
  copy of a bill shall also be given for the introduction of a bill
  amending a local law creating or governing a particular emergency
  response district if the bill:
               (1)  adds additional land to the district;
               (2)  alters the taxing authority of the district;
               (3)  alters the authority of the district with respect
  to the issuance of bonds; or
               (4)  alters the qualifications or terms of office of
  the members of the governing body of the district.
         (e)  A local law creating an emergency response district may
  not be passed unless, at the time notice of the intention to
  introduce a bill is published as provided by Subsection (d) of this
  section, a copy of the proposed bill is delivered to the
  commissioners court of each county in which the district or any part
  of the district is or will be located and to the governing body of
  each municipality in whose jurisdiction the district or any part of
  the district is or will be located.  Each commissioners court and
  governing body may file its written consent or opposition to the
  creation of the proposed district with the governor, lieutenant
  governor, and speaker of the house of representatives.
         SECTION 2.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 3, 2015.  
  The ballot shall be printed to provide for voting for or against the
  proposition: "The constitutional amendment to authorize the
  creation of emergency response districts."
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