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
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   3-15  Name:  Judge Bill Allshine                       x
   3-16  Representing:  Travis County
   3-17  City:  Austin
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   3-19  Name:  Barbara Carlson
   3-20  Representing:  Travis Co. Commissioners Ct
   3-21  City:  Austin
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