S.B. No. 1229
  5-1                          COMMITTEE AMENDMENT NO. 1
  5-2           Amend S.B. 1229 as follows:
  5-3           (1)  On page 2, line 9, insert at the end of the line before
  5-4     the period "at least 120 days before the end of the district's
  5-5     fiscal year".
  5-6           (2)  On page 3, line 21, insert at the end of the line before
  5-7     the period "at least 120 days before the end of the district's
  5-8     fiscal year".
  5-9           (3)  On page 1, lines 19 and 20, replace the words
 5-10     "personnel, and property" with the words "officials, and assets".
 5-11           (4)  On page 3, lines 7 and 8, replace the words "personnel,
 5-12     and property" with the words "officials, and assets".
 5-13                                                                  Hamric
 5-14                             COMMITTEE AMENDMENT NO. 2
 5-15           Amend S.B. No. 1229 by inserting new Sections 5-9, to read as
 5-16     follows, and by renumbering subsequent sections accordingly:
 5-17           SECTION 5.  Chapter 794, Health and Safety Code, is amended
 5-18     by adding Subchapter F to read as follows:
 5-19          SUBCHAPTER F.  CONVERSION TO EMERGENCY SERVICES DISTRICT
 5-20           Sec. 794.100.  CONVERSION AUTHORIZED.  A district may be
 5-21     converted to an emergency services district if:
 5-22                 (1)  the board receives a petition for conversion from
 5-23     the qualified voters in the district; and
 5-24                 (2)  the conversion is approved by a majority of the
 5-25     qualified voters of the district who vote at an election called and
 5-26     held for that purpose.
 5-27           Sec. 794.101.  CONTENTS OF PETITION.  (a)  The petition
  6-1     prescribed by Section 794.100 must:
  6-2                 (1)  state the name of the proposed emergency services
  6-3     district;
  6-4                 (2)  describe the existing district's boundaries by
  6-5     metes and bounds or other sufficient legal description; and
  6-6                 (3)  be signed by at least 100 qualified voters in the
  6-7     existing district or, if there are fewer than 100 of those voters,
  6-8     be signed by a majority of those voters.
  6-9           (b)  The name of the district proposed by the petition must
 6-10     be "________ County Emergency Services District No. ________," with
 6-11     the name of the county and the proper consecutive number inserted.
 6-12           Sec. 794.102.  ORDER OF ELECTION.  (a)  Not later than the
 6-13     30th day after the date the petition is presented to the board, the
 6-14     board shall order an election on the question of converting the
 6-15     district.
 6-16           (b)  The election shall be held not later than the 60th day
 6-17     after the date on which the election is ordered.
 6-18           (c)  Section 41.001(a), Election Code, does not apply to an
 6-19     election ordered under this section.
 6-20           Sec. 794.103.  BALLOT PROPOSITION.  The ballot for an
 6-21     election ordered under Section 794.102 shall be printed to permit
 6-22     voting for or against the proposition:  "The conversion of the
 6-23     __________ Rural Fire Prevention District from a district operating
 6-24     under Chapter 794, Health and Safety Code, to a district operating
 6-25     under Chapter 775, Health and Safety Code."
 6-26           Sec. 794.104.  EFFECTIVE DATE OF CONVERSION.  If a majority
 6-27     of the qualified voters participating in the election vote in favor
  7-1     of the proposition, the conversion becomes effective on the 30th
  7-2     day after the date on which the election results are declared.
  7-3           Sec. 794.105.  DISTRICT RESPONSIBILITIES.  If a district is
  7-4     converted to an emergency services district, the emergency services
  7-5     district assumes all obligations and outstanding indebtedness of
  7-6     the district.
  7-7           SECTION 6.  Section 775.056, Health and Safety Code, is
  7-8     repealed.
  7-9           SECTION 7.  The legislature finds that:
 7-10                 (1)  Chapter 673, Acts of the 70th Legislature, Regular
 7-11     Session, 1987, was adopted and approved, effective January 1, 1988;
 7-12                 (2)  that Act, implementing Section 48-e, Article III,
 7-13     of the Texas Constitution, relates to the creation and operation of
 7-14     emergency services districts; Section 33 of that Act provides for
 7-15     the conversion of a rural fire prevention district to an emergency
 7-16     services district;
 7-17                 (3)  the intent of the legislature in adopting Section
 7-18     33 of that Act was that, if a majority of the voters in a rural
 7-19     fire prevention district voted to convert the district to an
 7-20     emergency services district, the boundaries of the emergency
 7-21     services district would be coextensive with the boundaries of the
 7-22     fire prevention district, and the territory within the boundaries
 7-23     of the emergency services district would be coextensive with the
 7-24     territory within the boundaries of the fire prevention district;
 7-25                 (4)  in certain counties in this state, valid elections
 7-26     were conducted to convert certain rural fire prevention districts
 7-27     to emergency services districts, in which elections a majority of
  8-1     the participating voters voted in favor of the conversion; however,
  8-2     the boundaries of those emergency services districts are not
  8-3     coextensive with the boundaries of the fire prevention districts,
  8-4     and the territory within the boundaries of the emergency services
  8-5     districts is not coextensive with the territory that was within the
  8-6     boundaries of the fire prevention districts;
  8-7                 (5)  the act of establishing boundaries of the
  8-8     emergency services districts that are not coextensive with the
  8-9     boundaries of the rural fire prevention district, and the act of
 8-10     excluding from the emergency services districts territory that was
 8-11     within the boundaries of the fire prevention districts, were
 8-12     inconsistent with Section 33 of that Act, contrary to the intent of
 8-13     the legislature, and invalid; and
 8-14                 (6)  the health, safety, and welfare of persons and
 8-15     property in those counties creates an emergency that requires
 8-16     immediate action by the legislature.
 8-17           SECTION 8.  On and after the effective date of this Act:
 8-18                 (1)  the boundaries of an emergency services district
 8-19     that was converted from a rural fire prevention district following
 8-20     an election held for that purpose are coextensive with the
 8-21     boundaries of the fire prevention district;
 8-22                 (2)  the territory within the boundaries of an
 8-23     emergency services district that was converted from a rural fire
 8-24     prevention district following an election held for that purpose is
 8-25     coextensive with the territory within the boundaries of the fire
 8-26     prevention district; and
 8-27                 (3)  each act or attempted act of an emergency services
  9-1     district taken before the effective date of this Act is validated
  9-2     in all respects and applies to territory within the boundaries of
  9-3     the district as if it had been within the district when the act or
  9-4     attempted act was taken.
  9-5           SECTION 9.  Section 8 of this Act does not apply to or affect
  9-6     a matter that on the effective date of this Act is involved in
  9-7     litigation in a court of competent jurisdiction in this state.
  9-8     73R9668 JD-D                                                 Hamric