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.