1-1 By: Greenberg (Senate Sponsor - Barrientos) H.B. No. 1824
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 5, 1993, reported favorably by the
1-5 following vote: Yeas 9, Nays 0; May 5, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Armbrister x
1-9 Leedom x
1-10 Carriker x
1-11 Henderson x
1-12 Madla x
1-13 Moncrief x
1-14 Patterson x
1-15 Rosson x
1-16 Shapiro x
1-17 Wentworth x
1-18 Whitmire x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the conversion of a rural fire prevention district to
1-22 an emergency services district and to the validation of certain
1-23 proceedings relating to the conversion of certain fire prevention
1-24 districts.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Chapter 794, Health and Safety Code, is amended
1-27 by adding Subchapter F to read as follows:
1-28 SUBCHAPTER F. CONVERSION TO EMERGENCY SERVICES DISTRICT
1-29 Sec. 794.100. CONVERSION AUTHORIZED. A district may be
1-30 converted to an emergency services district if:
1-31 (1) the board receives a petition for conversion from
1-32 the qualified voters in the district; and
1-33 (2) the conversion is approved by a majority of the
1-34 qualified voters of the district who vote at an election called and
1-35 held for that purpose.
1-36 Sec. 794.101. CONTENTS OF PETITION. (a) The petition
1-37 prescribed by Section 794.100 must:
1-38 (1) state the name of the proposed emergency services
1-39 district;
1-40 (2) describe the existing district's boundaries by
1-41 metes and bounds or other sufficient legal description; and
1-42 (3) be signed by at least 100 qualified voters in the
1-43 existing district or, if there are fewer than 100 of those voters,
1-44 be signed by a majority of those voters.
1-45 (b) The name of the district proposed by the petition must
1-46 be "________ County Emergency Services District No. ________," with
1-47 the name of the county and the proper consecutive number inserted.
1-48 Sec. 794.102. ORDER OF ELECTION. (a) Not later than the
1-49 30th day after the date the petition is presented to the board, the
1-50 board shall order an election on the question of converting the
1-51 district.
1-52 (b) The election shall be held not later than the 60th day
1-53 after the date on which the election is ordered.
1-54 (c) Section 41.001(a), Election Code, does not apply to an
1-55 election ordered under this section.
1-56 Sec. 794.103. BALLOT PROPOSITION. The ballot for an
1-57 election ordered under Section 794.102 shall be printed to permit
1-58 voting for or against the proposition: "The conversion of the
1-59 __________ Rural Fire Prevention District from a district operating
1-60 under Chapter 794, Health and Safety Code, to a district operating
1-61 under Chapter 775, Health and Safety Code."
1-62 Sec. 794.104. EFFECTIVE DATE OF CONVERSION. If a majority
1-63 of the qualified voters participating in the election vote in favor
1-64 of the proposition, the conversion becomes effective on the 30th
1-65 day after the date on which the election results are declared.
1-66 Sec. 794.105. DISTRICT RESPONSIBILITIES. If a district is
1-67 converted to an emergency services district, the emergency services
1-68 district assumes all obligations and outstanding indebtedness of
2-1 the district.
2-2 SECTION 2. Section 775.056, Health and Safety Code, is
2-3 repealed.
2-4 SECTION 3. The legislature finds that:
2-5 (1) Chapter 673, Acts of the 70th Legislature, Regular
2-6 Session, 1987, was adopted and approved, effective January 1, 1988;
2-7 (2) that Act, implementing Section 48-e, Article III,
2-8 of the Texas Constitution, relates to the creation and operation of
2-9 emergency services districts; Section 33 of that Act provides for
2-10 the conversion of a rural fire prevention district to an emergency
2-11 services district;
2-12 (3) the intent of the legislature in adopting Section
2-13 33 of that Act was that, if a majority of the voters in a rural
2-14 fire prevention district voted to convert the district to an
2-15 emergency services district, the boundaries of the emergency
2-16 services district would be coextensive with the boundaries of the
2-17 fire prevention district, and the territory within the boundaries
2-18 of the emergency services district would be coextensive with the
2-19 territory within the boundaries of the fire prevention district;
2-20 (4) in certain counties in this state, valid elections
2-21 were conducted to convert certain rural fire prevention districts
2-22 to emergency services districts, in which elections a majority of
2-23 the participating voters voted in favor of the conversion; however,
2-24 the boundaries of those emergency services districts are not
2-25 coextensive with the boundaries of the fire prevention districts,
2-26 and the territory within the boundaries of the emergency services
2-27 districts is not coextensive with the territory that was within the
2-28 boundaries of the fire prevention districts;
2-29 (5) the act of establishing boundaries of the
2-30 emergency services districts that are not coextensive with the
2-31 boundaries of the rural fire prevention district, and the act of
2-32 excluding from the emergency services districts territory that was
2-33 within the boundaries of the fire prevention districts, were
2-34 inconsistent with Section 33 of that Act, contrary to the intent of
2-35 the legislature, and invalid; and
2-36 (6) the health, safety, and welfare of persons and
2-37 property in those counties creates an emergency that requires
2-38 immediate action by the legislature.
2-39 SECTION 4. On and after the effective date of this Act:
2-40 (1) the boundaries of an emergency services district
2-41 that was converted from a rural fire prevention district following
2-42 an election held for that purpose are coextensive with the
2-43 boundaries of the fire prevention district;
2-44 (2) the territory within the boundaries of an
2-45 emergency services district that was converted from a rural fire
2-46 prevention district following an election held for that purpose is
2-47 coextensive with the territory within the boundaries of the fire
2-48 prevention district; and
2-49 (3) each act or attempted act of an emergency services
2-50 district taken before the effective date of this Act is validated
2-51 in all respects and applies to territory within the boundaries of
2-52 the district as if it had been within the district when the act or
2-53 attempted act was taken.
2-54 SECTION 5. Section 4 of this Act does not apply to or affect
2-55 a matter that on the effective date of this Act is involved in
2-56 litigation in a court of competent jurisdiction in this state.
2-57 SECTION 6. The importance of this legislation and the
2-58 crowded condition of the calendars in both houses create an
2-59 emergency and an imperative public necessity that the
2-60 constitutional rule requiring bills to be read on three several
2-61 days in each house be suspended, and this rule is hereby suspended,
2-62 and that this Act take effect and be in force from and after its
2-63 passage, and it is so enacted.
2-64 * * * * *
2-65 Austin,
2-66 Texas
2-67 May 5, 1993
2-68 Hon. Bob Bullock
2-69 President of the Senate
2-70 Sir:
3-1 We, your Committee on Intergovernmental Relations to which was
3-2 referred H.B. No. 1824, have had the same under consideration, and
3-3 I am instructed to report it back to the Senate with the
3-4 recommendation that it do pass and be printed.
3-5 Armbrister,
3-6 Chairman
3-7 * * * * *
3-8 WITNESSES
3-9 FOR AGAINST ON
3-10 ___________________________________________________________________
3-11 Name: Commissioner Valerie Bristol x
3-12 Representing: Travis County Comm. Court
3-13 City: Austin
3-14 -------------------------------------------------------------------
3-15 Name: Judge Bill Allshine x
3-16 Representing: Travis County
3-17 City: Austin
3-18 -------------------------------------------------------------------
3-19 Name: Barbara Carlson
3-20 Representing: Travis Co. Commissioners Ct
3-21 City: Austin
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