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 3-22 -------------------------------------------------------------------