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AN ACT
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relating to territory in an emergency services district that is |
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annexed by a municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 775.022, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) If a municipality completes all other procedures |
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necessary to annex territory in a district, including the |
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preparation of a service plan if required by Section 43.056, Local |
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Government Code, [and if] the municipality intends to remove the |
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territory from the district, and the municipality is capable at the |
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time of the removal of being [be] the sole provider of emergency |
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services to the territory by the use of municipal personnel or by |
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some method other than by use of the district, the municipality |
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shall send written notice of those facts, and the completed service |
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plan, if applicable, to the board not later than the 30th day after |
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completing the necessary procedures. The municipality must send |
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the notice to the secretary of the board by certified mail, return |
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receipt requested. The territory remains part of the district and |
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does not become part of the municipality until the secretary of the |
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board receives the notice and the board by resolution disannexes |
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the territory from the district. The board must send a copy of the |
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resolution to the municipality by certified mail, return receipt |
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requested, not later than the 30th day after the date on which the |
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board adopts the resolution. If the governing body of the |
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municipality disagrees with the board's determination that the |
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municipal services will not meet or exceed the level of service |
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provided by the district, the municipality may adopt a resolution |
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stating the grounds for the disagreement and requesting arbitration |
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in the manner provided by Section 775.0221. If the board determines |
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that the municipal services planned to be provided in the territory |
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will not meet or exceed the level of service provided by the |
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district in the territory, the board shall adopt that determination |
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in a resolution and may not by resolution disannex the territory |
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from the district. If the board determines that municipal services |
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planned to be provided in the territory will meet or exceed the |
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level of service provided by the district in the territory at the |
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time of disannexation [On receipt of the notice], the board shall by |
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resolution disannex the territory from the district, notify the |
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appraisal district to [immediately] change its records to show that |
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the territory has been disannexed from the district, and [shall] |
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cease to provide further services to the residents of that |
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territory. This subsection does not require a municipality to |
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remove from a district territory the municipality has annexed. For |
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the purposes of this subsection, "level of service" for fire and |
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emergency medical protection means the location, deployment, and |
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response time of fire suppression or medical resources originally |
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dispatched to a structural or wildland fire or emergency medical |
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incident. |
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(a-1) A board is considered to have approved a disannexation |
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of territory under Subsection (a) if the board fails to provide to |
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the municipality a resolution disapproving or approving the |
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disannexation before the 30th day after the date the board receives |
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the notice under Subsection (a) from the municipality. |
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SECTION 2. Section 775.0221, Health and Safety Code, is |
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amended by adding Subsection (a-1) and amending Subsection (b) to |
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read as follows: |
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(a-1) If the governing body of a municipality adopts a |
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resolution under Section 775.022 disputing the determination of the |
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board of a district that municipal services will not meet or exceed |
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the level of service provided by the district and requesting |
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arbitration, the municipality and the district shall resolve the |
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dispute using binding arbitration. |
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(b) A request for binding arbitration must be in writing and |
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may not be made before the 60th day after the date the municipality |
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receives, as applicable: |
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(1) a resolution from the district under Section |
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775.022 determining that municipal services will not meet or exceed |
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the level of service provided by the district; or |
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(2) notice from the district regarding the amount of |
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compensation required under Section 775.022. |
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SECTION 3. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2965 passed the Senate on |
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May 9, 2025, by the following vote: Yeas 30, Nays 1; and that the |
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Senate concurred in House amendment on May 30, 2025, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2965 passed the House, with |
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amendment, on May 28, 2025, by the following vote: Yeas 124, |
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Nays 14, three present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |