HBA-TBM C.S.H.B. 2746 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2746
By: Carter
County Affairs
4/1/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

During the most recent interim, the House Committee on Urban Affairs
(committee) researched whether emergency services districts (ESD) and rural
fire prevention districts (RFPD) are able to provide the highest quality
services under current statutory requirements.  Testimony by the fire
fighters indicated that they need greater flexibility in structuring
districts to provide fire protection and emergency services.  The committee
published an interim report with several recommendations including
amendments to provisions relating to shared territories.  C.S.H.B. 2746
implements these recommendations.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2746 amends the Health and Safety Code to modify the contents of a
petition for the creation of an emergency services district (ESD) or rural
fire prevention district (RFPD) or for the creation of an ESD and the
dissolution of a RFPD to include the services provided by the ESD or RFPD
and that the creation of the district complies with provisions regarding
overlapping territories (Secs. 775.013, 775.023, 776.013, and 794.013).
The bill modifies and adds language to conform provisions regarding
overlapping territory for ESDs and RFPDs and to conform provisions
regarding overlapping territory of ESDs and RFPDs located wholly in a
county with a population of more than three million (Secs. 775.020,
775.0205, 776.021, 794.020, and 794.0205).  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2746 differs from the original to restore to current law
provisions regarding the maximum tax amount that a commissioners court may
impose at the creation of an emergency services district (ESD) or a rural
fire prevention district (RFPD) and board of commissioners (board) of an
ESD or RFPD authority to call an election to raise the tax rate of the
district.  The substitute changes the effective date so that it is no
longer contingent upon voter approval of a constitutional amendment
proposed by the 77th Legislature, Regular Session, 2001.