By:  Henderson                                        S.B. No. 1229
       73R2236 RWS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation and administration of certain districts
    1-3  providing fire and emergency services.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 775.019(b), Health and Safety Code, is
    1-6  amended to read as follows:
    1-7        (b)  Except as provided by Section 775.056(c), a <A> district
    1-8  may not include territory in a municipality's limits or
    1-9  extraterritorial jurisdiction unless a majority of the voters
   1-10  residing in that territory who vote at the election vote in favor
   1-11  of creating the district and imposing a tax.  The exclusion of that
   1-12  territory does not affect the creation of a district that includes
   1-13  the remainder of the proposed territory if the commissioners
   1-14  court's findings under Section 775.017 are favorable to the
   1-15  district's creation.
   1-16        SECTION 2.  Section 775.036, Health and Safety Code, is
   1-17  amended by adding Subsection (d) to read as follows:
   1-18        (d)  The board of a district located wholly in one county
   1-19  shall include in the report required under Subsection (a)(4):
   1-20              (1)  the results of the annual audit performed by the
   1-21  county auditor under Section 775.082; and
   1-22              (2)  any other matter required by order of the
   1-23  commissioners court.
   1-24        SECTION 3.  Section 775.056, Health and Safety Code, is
    2-1  amended by adding Subsection (c) to read as follows:
    2-2        (c)  In an election to convert a rural fire prevention
    2-3  district to an emergency services district, an emergency services
    2-4  district may not include territory in a municipality's limits
    2-5  unless a majority of the voters residing in that territory who vote
    2-6  at the election vote in favor of creating the emergency services
    2-7  district and imposing a tax.  The exclusion of that territory does
    2-8  not affect the creation of an emergency services district that
    2-9  includes the remainder of the proposed territory if the
   2-10  commissioners court's findings under Section 775.017 are favorable
   2-11  to the emergency services district's creation.
   2-12        SECTION 4.  Subchapter E, Chapter 775, Health and Safety
   2-13  Code, is amended by adding Section 775.082 to read as follows:
   2-14        Sec. 775.082.  AUDIT BY COUNTY AUDITOR OF DISTRICT LOCATED
   2-15  WHOLLY IN ONE COUNTY.  (a)  In a district located wholly in one
   2-16  county, the county auditor shall conduct an annual audit of the
   2-17  district and shall make an annual report to the commissioners court
   2-18  of the county.  The report must include:
   2-19              (1)  any information or suggestions that the auditor
   2-20  considers proper; and
   2-21              (2)  any other matters required by order of the
   2-22  commissioners court.
   2-23        (b)  The district shall pay all costs incurred by the county
   2-24  auditor to conduct the audit and make the annual report.
   2-25        SECTION 5.  Section 794.035, Health and Safety Code, is
   2-26  amended by adding Subsection (d) to read as follows:
   2-27        (d)  The board of a district located wholly in one county
    3-1  shall include in the report required under Subsection (a)(4):
    3-2              (1)  the results of the annual audit performed by the
    3-3  county auditor under Section 794.082; and
    3-4              (2)  any other matter required by order of the
    3-5  commissioners court.
    3-6        SECTION 6.  Subchapter E, Chapter 794, Health and Safety
    3-7  Code, is amended by adding Section 794.082 to read as follows:
    3-8        Sec. 794.082.  AUDIT BY COUNTY AUDITOR OF DISTRICT LOCATED
    3-9  WHOLLY IN ONE COUNTY.  (a)  In a district located wholly in one
   3-10  county, the county auditor shall conduct an annual audit of the
   3-11  district and shall make an annual report to the commissioners court
   3-12  of the county.  The report must include:
   3-13              (1)  any information or suggestions that the auditor
   3-14  considers proper; and
   3-15              (2)  any other matters required by order of the
   3-16  commissioners court.
   3-17        (b)  The district shall pay all costs incurred by the county
   3-18  auditor to conduct the audit and make the annual report.
   3-19        SECTION 7.  (a)  This Act takes effect September 1, 1993.
   3-20        (b)  The change in law made by Sections 1 and 3 of this Act
   3-21  apply only to elections held on or after the effective date of this
   3-22  Act.  Elections held before the effective date of this Act are
   3-23  governed by the law existing on the date the election was held, and
   3-24  that law is continued in effect for that purpose.
   3-25        (c)  To the extent that this Act requires an annual audit of
   3-26  an emergency services district or a rural fire prevention district
   3-27  by the county auditor, an audit shall be conducted beginning with
    4-1  the first fiscal year beginning on or after September 1, 1993.
    4-2        SECTION 8.  The importance of this legislation and the
    4-3  crowded condition of the calendars in both houses create an
    4-4  emergency and an imperative public necessity that the
    4-5  constitutional rule requiring bills to be read on three several
    4-6  days in each house be suspended, and this rule is hereby suspended.