S.B. No. 332

	AN ACT
	relating to commissioners court oversight of certain emergency
	services districts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 775, Health and Safety Code, is amended
	by adding Subchapter K to read as follows:
	SUBCHAPTER K.  DISTRICTS IN CERTAIN COUNTIES
	Sec. 775.301.  DEFINITION. In this subchapter,
	"commissioners court" means the commissioners court of a county
	that borders the United Mexican States, has a population of more
	than 800,000, and appoints a board of emergency services
	commissioners under this chapter.
	Sec. 775.302.  APPLICABILITY. (a)  This subchapter applies
	only to a district that is located wholly in a county that borders
	the United Mexican States, that has a population of more than
	800,000, and for which the commissioners court appoints a board of
	emergency services commissioners under Section 775.034.
	(b)  This subchapter controls over a provision of this
	chapter or other law to the extent of a conflict.
	Sec. 775.303.  DELEGATION OR WAIVER BY COMMISSIONERS COURT.
	(a)  The commissioners court may adopt a resolution to:
	(1)  delegate to the board of a district a duty assigned
	to the commissioners court under this subchapter that relates to
	that district; or
	(2)  waive a requirement in this subchapter that the
	commissioners court approve an action of a district.
	(b)  A resolution adopted under this section may apply to
	more than one board or district.
	(c)  The commissioners court may by resolution terminate the
	delegation of a duty or the waiver of an approval requirement.
	Sec. 775.304.  POWERS RELATING TO DISTRICT PROPERTY,
	FACILITIES, AND EQUIPMENT. (a)  The commissioners court may
	establish policies and procedures the board must comply with when:
	(1)  constructing, purchasing, acquiring, contracting
	for, leasing, adding to, maintaining, operating, developing,
	regulating, selling, exchanging, or conveying real or personal
	property, a property right, equipment, goods, services, a facility,
	or a system to maintain a building or other facility or to provide a
	service to or required by the district; or
	(2)  providing services through and using public funds
	for a volunteer fire department or emergency service provider.
	(b)  The policies and procedures:
	(1)  may include requiring the board to submit to the
	commissioners court periodic reports on the district's compliance
	with the policies and procedures;
	(2)  must establish the types of transactions,
	including maximum dollar amounts, the board may make when
	conducting an activity described by Subsection (a) without the
	approval of the commissioners court, if any;
	(3)  must designate by name, title, or position a
	person in the county as the primary point of contact between the
	commissioners court and the board; and
	(4)  may not be established until the commissioners
	court consults with the board.
	(c)  This section does not authorize the commissioners court
	or the board to use real or personal property, a property right,
	equipment, a facility, or a system to provide a telecommunications
	service, advanced communications service, or information service
	as defined by 47 U.S.C. Section 153, or a video service as defined
	by Section 66.002, Utilities Code.
	Sec. 775.305.  BUDGET. (a)  The commissioners court shall
	establish a schedule for a district to prepare an annual budget, tax
	rate calculations and notices, and a recommended tax rate and to
	submit the budget, calculations, notices, and recommendation to the
	commissioners court for final approval.
	(b)  The schedule must take into account requirements of this
	chapter, Chapter 26, Tax Code, and Section 21, Article VIII, Texas
	Constitution, applicable to adopting a district tax rate and
	provide the commissioners court a reasonable amount of time to
	review the submissions required under Subsection (a).
	(c)  The board shall:
	(1)  prepare an annual budget and submit the budget to
	the commissioners court for final approval according to the
	schedule established under this section; and
	(2)  submit to the commissioners court and the county
	auditor tax rate calculations and notices and a recommended tax
	rate according to the schedule established under this section.
	(d)  If the commissioners court does not approve or deny a
	budget submitted to the commissioners court under this section
	before the 31st day after the date the budget is submitted, the
	commissioners court is considered to have approved the budget.
	(e)  If the commissioners court does not approve or deny a
	tax rate recommended to the commissioners court under this section
	before the 31st day after the date the recommended tax rate is
	submitted, the commissioners court is considered to have approved
	the recommended tax rate and the recommended tax rate is the rate
	for the year in which the rate is recommended.
	Sec. 775.306.  BUSINESS PARTICIPATION. The board shall
	encourage and promote participation by all sectors of the business
	community, including small businesses and businesses owned by
	members of a minority group or by women, in the process by which the
	district enters into contracts. The board shall develop a plan for
	the district to identify and remove barriers that do not have a
	definite or objective relationship to quality or competence and
	that unfairly discriminate against small businesses and businesses
	owned by members of a minority group or by women. These barriers
	may include contracting procedures and contract specifications or
	conditions.
	SECTION 2.  (a)  Except as provided by Subsection (b) of
	this section, this Act takes effect September 1, 2013.
	(b)  Section 775.305, Health and Safety Code, as added by
	this Act, takes effect January 1, 2014.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 332 passed the Senate on
	April 11, 2013, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 332 passed the House on
	April 26, 2013, by the following vote:  Yeas 140, Nays 1, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor