BILL ANALYSIS S.B. 1705 By: Lucio Intergovernmental Relations 05-10-95 Committee Report (Unamended) BACKGROUND Currently, rural counties cannot take full advantage of taxing for an emergency services district when there is a rural fire prevention district in the same area without dissolving the rural fire prevention district. A county cannot coordinate an election to create an emergency services district with an election to dissolve a rural fire prevention district because an election to create an emergency services district is called by the county commissioners court. An election to dissolve a rural fire prevention district must be called by the fire prevention district's board. PURPOSE As proposed, S.B. 1705 authorizes the creation of an emergency services district and simultaneous dissolution of a rural fire prevention district. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 775B, Health and Safety Code, by adding Sections 775.023 and 775.024, as follows: Sec. 775.023. PETITION FOR CREATION OF EMERGENCY SERVICES DISTRICT AND DISSOLUTION OF RURAL FIRE PREVENTION DISTRICTS: CERTAIN COUNTIES. (a) Provides that this section and Section 775.024 apply only to a petition filed in a county that is located on an international border; has a population of more than 375,000; and contains at least seven municipalities, each with a population of more than 12,000. Authorizes a petition calling for the creation of an emergency services district that include territory of one or more rural fire prevention districts and for the simultaneous dissolution of those rural fire prevention districts to be filed with the county judge of the county in which the proposed emergency services district will be located. Requires the petition to be signed by at least 100 qualified voters who own real property located in the county and in the proposed emergency services district. Requires the petition to be signed by a majority of voters if there are fewer than 100 qualified voters. Sets forth the name of the district to be proposed by the petition. (b) Sets forth certain information that a petition must show. (c) Requires the petition to contain an agreement signed by at least two petitioners that obligated them to pay not more than $150 of the costs incident to the formation of the emergency services district. (d) Authorizes a county judge to receive a petition and to file the petition with the county clerk, if the petition is in proper form. (e) Requires the commissioners court to set a place, date, and time for hearings to consider the petition, at the next regular or special session of the commissioners court held after the petition is filed with the county clerk. Requires at least one hearing to be conducted in each rural fire prevention district that is proposed to be dissolved. Requires the notice and the conduct of the hearing to be in accordance with Sections 775.015 and 775.016. Authorizes the commissioners court to grant the petition as provided by Section 775.017, after the conclusion of the hearings. Sec. 775.024. ELECTION TO CREATE EMERGENCY SERVICES DISTRICT AND DISSOLUTION OF RURAL FIRE PREVENTION DISTRICT: CERTAIN COUNTIES. (a) Requires the commissioners court to order an election to confirm the creation of the emergency services district, authorize the imposition of a tax, and assume the assets and liabilities of each rural fire prevention district that is proposed to be dissolved. Requires the commissioners court to order, simultaneously, an election in each rural fire prevention district on the question of whether to dissolve the rural prevention district effective on the date that the emergency services district is created. Provides that Sections 775.018 and 775.019 apply to the election to confirm the creation of the emergency services district. Provides that Section 794.059 applies to the election to dissolve the rural fire prevention district, except that the commissioners court shall perform a duty of the board of fire commissioners under that section. (b) Sets forth the required language for the ballot in the election. (c) Provides that an emergency services district is created and organized under this chapter if a majority of those voting in the election vote to confirm the creation of the emergency services district. Provides that a rural fire prevention district as to which the commissioners court orders an election under Subsection (a) is not dissolved, without regard to the results of the dissolution election, if a majority of those voting at the election votes against confirming the creation of the emergency services district. (d) Provides that the territory of the rural fire prevention district is included in the emergency services district, if a majority of those voting at the election vote to dissolve a rural fire prevention district. Prohibits the territory of the rural fire prevention district from being included in the emergency services district if a majority of those voting at the election vote against dissolving a rural fire prevention district. (e) Requires the board of fire commissioners of a dissolved rural fire prevention district to transfer the assets and liabilities of the rural fire prevention district to the emergency services district. Requires the board of emergency services commissioners of the emergency services district to fully pay the debt or to annually impose an ad valorem tax on all property located in the district and subject to district taxation at a rate sufficient to pay the principal and interest on the bonds, if the rural fire prevention district has outstanding bonds to which ad valorem taxes are pledged. Provides that the dissolution of the rural fire prevention district does not diminish or impair the rights of the holders of any outstanding bonds or notes of the district at the time of dissolution. SECTION 2. Emergency clause. Effective date: upon passage.