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.