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