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.