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.