S.B. No. 1229 AN ACT 1-1 relating to the administration of certain districts providing fire 1-2 prevention and emergency services. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 775.036, Health and Safety Code, is 1-5 amended by adding Subsection (d) to read as follows: 1-6 (d) The board of a district located wholly in one county 1-7 shall include in the report required under Subsection (a)(4): 1-8 (1) the number and type of emergency responses made 1-9 within and outside the district; 1-10 (2) a listing of all debt incurred by the district; 1-11 and 1-12 (3) any other financial matter required by order of 1-13 the commissioners court. 1-14 SECTION 2. Subchapter E, Chapter 775, Health and Safety 1-15 Code, is amended by adding Section 775.082 to read as follows: 1-16 Sec. 775.082. AUDIT OF DISTRICT LOCATED WHOLLY IN ONE 1-17 COUNTY. (a) In a district located wholly in one county, the 1-18 county auditor shall have access to the books, records, officials, 1-19 and assets of the district. 1-20 (b) A district located wholly in one county shall prepare 1-21 and file with the commissioners court of the county on or before 1-22 the 120th day after the last day of the district's fiscal year an 1-23 audit report of the district's fiscal accounts and records. The 1-24 audit shall be performed and the report shall be prepared at the 2-1 expense of the district. The county auditor, with the approval of 2-2 the commissioners court, shall adopt rules relating to the format 2-3 of the audit and report. 2-4 (c) The person who performs the audit and issues the report 2-5 must be an independent certified public accountant or firm of 2-6 certified public accountants licensed in this state, unless the 2-7 commissioners court by order requires the audit to be performed by 2-8 the county auditor at least 120 days before the end of the 2-9 district's fiscal year. 2-10 (d) The commissioners court, on application made to the 2-11 commissioners court by the district, may extend up to an additional 2-12 30 days the deadline for filing the audit report. 2-13 (e) If the district fails to complete and file the audit 2-14 report within the time provided by Subsection (b) or (d), the 2-15 commissioners court may order the county auditor to perform the 2-16 audit and issue the report. 2-17 (f) The district shall pay all costs incurred by the county 2-18 auditor to perform an audit and issue the report required by this 2-19 section, unless otherwise ordered by the commissioners court. 2-20 SECTION 3. Section 794.035, Health and Safety Code, is 2-21 amended by adding Subsection (d) to read as follows: 2-22 (d) The board of a district located wholly in one county 2-23 shall include in the report required under Subsection (a)(4): 2-24 (1) the number and type of emergency responses made 2-25 within and outside the district; 2-26 (2) a listing of all debt incurred by the district; 2-27 and 3-1 (3) any other financial matter required by order of 3-2 the commissioners court. 3-3 SECTION 4. Subchapter E, Chapter 794, Health and Safety 3-4 Code, is amended by adding Section 794.082 to read as follows: 3-5 Sec. 794.082. AUDIT OF DISTRICT LOCATED WHOLLY IN ONE 3-6 COUNTY. (a) In a district located wholly in one county, the 3-7 county auditor shall have access to the books, records, officials, 3-8 and assets of the district. 3-9 (b) A district located wholly in one county shall prepare 3-10 and file with the commissioners court of the county on or before 3-11 the 120th day after the last day of the district's fiscal year an 3-12 audit report of the district's fiscal accounts and records. The 3-13 audit shall be performed and prepared at the expense of the 3-14 district. The county auditor, with the approval of the 3-15 commissioners court, shall adopt rules relating to the format of 3-16 the audit and report. 3-17 (c) The person who performs the audit and issues the report 3-18 must be an independent certified public accountant or firm of 3-19 certified public accountants licensed in this state, unless the 3-20 commissioners court by order requires the audit to be performed by 3-21 the county auditor at least 120 days before the end of the 3-22 district's fiscal year. 3-23 (d) The commissioners court, on application made to the 3-24 commissioners court by the district, may extend up to an additional 3-25 30 days the deadline for filing the audit report. 3-26 (e) If the district fails to complete and file the audit 3-27 report within the time provided by Subsection (b) or (d), the 4-1 commissioners court may order the county auditor to perform the 4-2 audit and issue the report. 4-3 (f) The district shall pay all costs incurred by the county 4-4 auditor to perform an audit and issue the report required by this 4-5 section, unless otherwise ordered by the commissioners court. 4-6 SECTION 5. Chapter 794, Health and Safety Code, is amended 4-7 by adding Subchapter F to read as follows: 4-8 SUBCHAPTER F. CONVERSION TO EMERGENCY SERVICES DISTRICT 4-9 Sec. 794.100. CONVERSION AUTHORIZED. A district may be 4-10 converted to an emergency services district if: 4-11 (1) the board receives a petition for conversion from 4-12 the qualified voters in the district; and 4-13 (2) the conversion is approved by a majority of the 4-14 qualified voters of the district who vote at an election called and 4-15 held for that purpose. 4-16 Sec. 794.101. CONTENTS OF PETITION. (a) The petition 4-17 prescribed by Section 794.100 must: 4-18 (1) state the name of the proposed emergency services 4-19 district; 4-20 (2) describe the existing district's boundaries by 4-21 metes and bounds or other sufficient legal description; and 4-22 (3) be signed by at least 100 qualified voters in the 4-23 existing district or, if there are fewer than 100 of those voters, 4-24 be signed by a majority of those voters. 4-25 (b) The name of the district proposed by the petition must 4-26 be "________ County Emergency Services District No. ________," with 4-27 the name of the county and the proper consecutive number inserted. 5-1 Sec. 794.102. ORDER OF ELECTION. (a) Not later than the 5-2 30th day after the date the petition is presented to the board, the 5-3 board shall order an election on the question of converting the 5-4 district. 5-5 (b) The election shall be held not later than the 60th day 5-6 after the date on which the election is ordered. 5-7 (c) Section 41.001(a), Election Code, does not apply to an 5-8 election ordered under this section. 5-9 Sec. 794.103. BALLOT PROPOSITION. The ballot for an 5-10 election ordered under Section 794.102 shall be printed to permit 5-11 voting for or against the proposition: "The conversion of the 5-12 __________ Rural Fire Prevention District from a district operating 5-13 under Chapter 794, Health and Safety Code, to a district operating 5-14 under Chapter 775, Health and Safety Code." 5-15 Sec. 794.104. EFFECTIVE DATE OF CONVERSION. If a majority 5-16 of the qualified voters participating in the election vote in favor 5-17 of the proposition, the conversion becomes effective on the 30th 5-18 day after the date on which the election results are declared. 5-19 Sec. 794.105. DISTRICT RESPONSIBILITIES. If a district is 5-20 converted to an emergency services district, the emergency services 5-21 district assumes all obligations and outstanding indebtedness of 5-22 the district. 5-23 SECTION 6. Section 775.056, Health and Safety Code, is 5-24 repealed. 5-25 SECTION 7. The legislature finds that: 5-26 (1) Chapter 673, Acts of the 70th Legislature, Regular 5-27 Session, 1987, was adopted and approved, effective January 1, 1988; 6-1 (2) that Act, implementing Article III, Section 48-e, 6-2 of the Texas Constitution, relates to the creation and operation of 6-3 emergency services districts; Section 33 of that Act provides for 6-4 the conversion of a rural fire prevention district to an emergency 6-5 services district; 6-6 (3) the intent of the legislature in adopting Section 6-7 33 of that Act was that, if a majority of the voters in a rural 6-8 fire prevention district voted to convert the district to an 6-9 emergency services district, the boundaries of the emergency 6-10 services district would be coextensive with the boundaries of the 6-11 fire prevention district, and the territory within the boundaries 6-12 of the emergency services district would be coextensive with the 6-13 territory within the boundaries of the fire prevention district; 6-14 (4) in certain counties in this state, valid elections 6-15 were conducted to convert certain rural fire prevention districts 6-16 to emergency services districts, in which elections a majority of 6-17 the participating voters voted in favor of the conversion; however, 6-18 the boundaries of those emergency services districts are not 6-19 coextensive with the boundaries of the fire prevention districts, 6-20 and the territory within the boundaries of the emergency services 6-21 districts is not coextensive with the territory that was within the 6-22 boundaries of the fire prevention districts; 6-23 (5) the act of establishing boundaries of the 6-24 emergency services districts that are not coextensive with the 6-25 boundaries of the rural fire prevention district and the act of 6-26 excluding from the emergency services districts territory that was 6-27 within the boundaries of the fire prevention districts were 7-1 inconsistent with Section 33 of that Act, contrary to the intent of 7-2 the legislature, and invalid; and 7-3 (6) the health, safety, and welfare of persons and 7-4 property in those counties creates an emergency that requires 7-5 immediate action by the legislature. 7-6 SECTION 8. On and after the effective date of this Act: 7-7 (1) the boundaries of an emergency services district 7-8 that was converted from a rural fire prevention district following 7-9 an election held for that purpose are coextensive with the 7-10 boundaries of the fire prevention district; 7-11 (2) the territory within the boundaries of an 7-12 emergency services district that was converted from a rural fire 7-13 prevention district following an election held for that purpose is 7-14 coextensive with the territory within the boundaries of the fire 7-15 prevention district; and 7-16 (3) each act or attempted act of an emergency services 7-17 district taken before the effective date of this Act is validated 7-18 in all respects and applies to territory within the boundaries of 7-19 the district as if it had been within the district when the act or 7-20 attempted act was taken. 7-21 SECTION 9. Section 8 of this Act does not apply to or affect 7-22 a matter that on the effective date of this Act is involved in 7-23 litigation in a court of competent jurisdiction in this state. 7-24 SECTION 10. (a) This Act takes effect September 1, 1993. 7-25 (b) To the extent that this Act requires an annual audit of 7-26 an emergency services district or a rural fire prevention district, 7-27 an audit shall be conducted beginning with the first fiscal year of 8-1 the district that ends on or after September 1, 1993. 8-2 SECTION 11. The importance of this legislation and the 8-3 crowded condition of the calendars in both houses create an 8-4 emergency and an imperative public necessity that the 8-5 constitutional rule requiring bills to be read on three several 8-6 days in each house be suspended, and this rule is hereby suspended.