By: Greenberg H.B. No. 1824
73R4211 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of rural fire prevention districts and
1-3 emergency services districts and to the conversion of a rural fire
1-4 prevention district to an emergency services district.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 775.036(a), Health and Safety Code, is
1-7 amended to read as follows:
1-8 (a) The board shall:
1-9 (1) hold regular monthly meetings and other meetings
1-10 as necessary;
1-11 (2) keep minutes and records of its acts and
1-12 proceedings;
1-13 (3) give reports required by the state fire marshal,
1-14 commissioner of health, and other authorized persons;
1-15 (4) give a written report not later than February 1 of
1-16 each year to the commissioners court regarding the district's
1-17 administration and service operations for the preceding calendar
1-18 year and the district's financial condition; and
1-19 (5) administer the district in accordance with this
1-20 chapter.
1-21 SECTION 2. Subchapter C, Chapter 775, Health and Safety
1-22 Code, is amended by adding Section 775.0365 to read as follows:
1-23 Sec. 775.0365. ANNUAL AUDIT. (a) The board annually shall
1-24 have an audit made of the financial condition of the district.
2-1 (b) The board shall include a copy of the audit and a copy
2-2 of the district's most recent federal income tax return with the
2-3 report required by Section 775.036(a)(4).
2-4 SECTION 3. Section 794.035(a), Health and Safety Code, is
2-5 amended to read as follows:
2-6 (a) The board shall:
2-7 (1) hold regular monthly meetings and other meetings
2-8 as necessary;
2-9 (2) keep minutes and records of its acts and
2-10 proceedings;
2-11 (3) give reports required by the state fire marshal
2-12 and other authorized persons;
2-13 (4) give a written report not later than February 1 of
2-14 each year to the commissioners court regarding the district's
2-15 administration and service operations for the preceding calendar
2-16 year and the district's financial condition; and
2-17 (5) administer the district in accordance with this
2-18 chapter.
2-19 SECTION 4. Subchapter C, Chapter 794, Health and Safety
2-20 Code, is amended by adding Section 794.0355 to read as follows:
2-21 Sec. 794.0355. ANNUAL AUDIT. (a) The board annually shall
2-22 have an audit made of the financial condition of the district.
2-23 (b) The board shall include a copy of the audit and a copy
2-24 of the district's most recent federal income tax return with the
2-25 report required by Section 794.035(a)(4).
2-26 SECTION 5. Chapter 794, Health and Safety Code, is amended
2-27 by adding Subchapter F to read as follows:
3-1 SUBCHAPTER F. CONVERSION TO EMERGENCY SERVICES DISTRICT
3-2 Sec. 794.100. CONVERSION AUTHORIZED. A district may be
3-3 converted to an emergency services district if:
3-4 (1) the board receives a petition for conversion from
3-5 the qualified voters who own taxable real property in the district;
3-6 and
3-7 (2) the conversion is approved by a majority of the
3-8 qualified voters of the district who vote at an election called and
3-9 held for that purpose.
3-10 Sec. 794.101. CONTENTS OF PETITION. (a) The petition
3-11 prescribed by Section 794.100 must:
3-12 (1) state the name of the proposed emergency services
3-13 district;
3-14 (2) describe the existing district's boundaries by
3-15 metes and bounds or other sufficient legal description;
3-16 (3) be signed by at least 100 qualified voters who own
3-17 taxable real property in the existing district or, if there are
3-18 fewer than 100 of those voters, be signed by a majority of those
3-19 voters; and
3-20 (4) contain an agreement signed by at least two
3-21 petitioners that obligates them to pay not more than $150 of the
3-22 costs incident to the conversion of the district, including the
3-23 costs of publishing notices, election costs, and other necessary
3-24 and incidental expenses.
3-25 (b) The name of the district proposed by the petition must
3-26 be "________ County Emergency Services District No. ________," with
3-27 the name of the county and the proper consecutive number inserted.
4-1 Sec. 794.102. ORDER OF ELECTION. (a) Not later than the
4-2 30th day after the petition is presented to the board, the board
4-3 shall order an election on the question of converting the district.
4-4 (b) The election shall be held not later than the 60th day
4-5 after the date on which the election is ordered.
4-6 (c) Section 41.001(a), Election Code, does not apply to an
4-7 election ordered under this section.
4-8 Sec. 794.103. BALLOT PROPOSITION. The ballot for an
4-9 election ordered under Section 794.102 shall be printed to permit
4-10 voting for or against the proposition: "The conversion of the
4-11 __________ Rural Fire Prevention District from a district operating
4-12 under Chapter 794, Health and Safety Code, to a district operating
4-13 under Chapter 775, Health and Safety Code."
4-14 Sec. 794.104. EFFECTIVE DATE OF CONVERSION. If a majority
4-15 of the qualified voters participating in the election vote in favor
4-16 of the proposition, the conversion becomes effective on the 30th
4-17 day after the date on which the election results are declared.
4-18 Sec. 794.105. DISTRICT RESPONSIBILITIES. If a district is
4-19 converted to an emergency services district, the emergency services
4-20 district assumes all obligations and outstanding indebtedness of
4-21 the district.
4-22 SECTION 6. Section 775.056, Health and Safety Code, is
4-23 repealed.
4-24 SECTION 7. The importance of this legislation and the
4-25 crowded condition of the calendars in both houses create an
4-26 emergency and an imperative public necessity that the
4-27 constitutional rule requiring bills to be read on three several
5-1 days in each house be suspended, and this rule is hereby suspended,
5-2 and that this Act take effect and be in force from and after its
5-3 passage, and it is so enacted.