By Turner of Coleman, Patterson, Johnson, H.B. No. 1832
Black, Longoria, et al.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of emergency services districts without
1-3 taxing authority and the conversion of such districts to emergency
1-4 services districts with taxing authority.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 775, Health and Safety
1-7 Code, is amended by adding Sections 775.0111 and 775.0121 to read
1-8 as follows:
1-9 Sec. 775.0111. PETITION FOR CREATION OF DISTRICT WITHOUT
1-10 TAXING AUTHORITY LOCATED WHOLLY IN ONE COUNTY. (a) Before a
1-11 district without taxing authority that contains territory located
1-12 wholly in one county may be created, the county judge of the county
1-13 must receive a petition signed by at least 100 qualified voters who
1-14 own taxable real property in the proposed district or, if there are
1-15 fewer than 100 of those voters, a petition signed by a majority of
1-16 those voters.
1-17 (b) The name of the district proposed by the petition must
1-18 be "____________ County Emergency Services District No.
1-19 __________," with the name of the county and the proper consecutive
1-20 number inserted.
1-21 Sec. 775.0121. PETITION FOR CREATION OF DISTRICT WITHOUT
1-22 TAXING AUTHORITY LOCATED IN MORE THAN ONE COUNTY. (a) Before a
1-23 district without taxing authority that contains territory located
1-24 in more than one county may be created, the county judge of each
2-1 county in which the district is proposed to be created must receive
2-2 a petition signed by at least 100 qualified voters who own taxable
2-3 real property that is located in the county in which the judge
2-4 presides and in the proposed district or, if there are fewer than
2-5 100 of those voters, a petition signed by a majority of those
2-6 voters.
2-7 (b) The name of the district proposed by the petition must
2-8 be "____________ Emergency Services District," with the proposed
2-9 name of the district inserted.
2-10 SECTION 2. Section 775.013(a), Health and Safety Code, is
2-11 amended to read as follows:
2-12 (a) The petition prescribed by Section 775.011, 775.0111,
2-13 <or> 775.012, or 775.0121 must show:
2-14 (1) that the district is to be created and is to
2-15 operate under Article III, Section 48-e, of the Texas Constitution,
2-16 as proposed by S.J.R. No. 27, Acts of the 70th Legislature, Regular
2-17 Session, 1987, and adopted by the voters at an election held
2-18 November 3, 1987;
2-19 (2) the name of the proposed district;
2-20 (3) the district's boundaries as designated by metes
2-21 and bounds or other sufficient legal description;
2-22 (4) that none of the territory in the district is
2-23 included in another emergency services district; <and>
2-24 (5) the mailing address of each petitioner; and
2-25 (6) whether the proposed district is to have taxing
2-26 authority.
2-27 SECTION 3. Section 775.015(c), Health and Safety Code, is
3-1 amended to read as follows:
3-2 (c) The county clerk shall give notice of the hearing. The
3-3 notice must state:
3-4 (1) that creation of a district is proposed and
3-5 whether the proposed district is to have taxing authority;
3-6 (2) that the district is to be created and is to
3-7 operate under Article III, Section 48-e, of the Texas Constitution,
3-8 as proposed by S.J.R. No. 27, Acts of the 70th Legislature, Regular
3-9 Session, 1987, and adopted by the voters at an election held
3-10 November 3, 1987;
3-11 (3) the name of the proposed district;
3-12 (4) the district's boundaries as stated in the
3-13 petition;
3-14 (5) the place, date, and time of the hearing; and
3-15 (6) that each person who has an interest in the
3-16 creation of the district may attend the hearing and present grounds
3-17 for or against creation of the district.
3-18 SECTION 4. Section 775.017, Health and Safety Code, is
3-19 amended by adding new Subsections (c) and (d) and relettering
3-20 existing Subsection (c) to read as follows:
3-21 (c) If after the hearing on a petition to create a district
3-22 without taxing authority under Section 775.0111 or 775.0121 the
3-23 commissioners court finds that the proposed district meets the
3-24 requirements prescribed by Subsection (a), the commissioners court
3-25 shall order the creation of the district. Except as provided by
3-26 Subsection (d), the creation of the district is effected on the
3-27 date specified in the order. A confirmation election for the
4-1 creation of a district without taxing authority is not necessary.
4-2 (d) If the petition indicates that the proposed district
4-3 will be created without taxing authority and contain territory in
4-4 more than one county, the commissioners court order creating the
4-5 district is not effective until the commissioners court of each
4-6 county in which the district is proposed to be created has ordered
4-7 the district's creation.
4-8 (e) If the commissioners court finds that the proposed
4-9 district does not meet the requirements prescribed by Subsection
4-10 (a), the commissioners court shall deny the petition.
4-11 SECTION 5. Section 775.018(a), Health and Safety Code, is
4-12 amended to read as follows:
4-13 (a) Except as provided by Subsection (b), on the granting of
4-14 a petition to create a district with taxing authority, the
4-15 commissioners court shall order an election to confirm the
4-16 district's creation and authorize the imposition of a tax not to
4-17 exceed 10 cents on each $100 of the taxable value of property
4-18 taxable by the district or three cents on each $100 of the taxable
4-19 value of property taxable by the district if any area in the
4-20 district is also included in a rural fire prevention district.
4-21 SECTION 6. Section 775.031(a), Health and Safety Code, is
4-22 amended to read as follows:
4-23 (a) A district is a political subdivision of the state. To
4-24 perform the functions of the district, a district may:
4-25 (1) acquire, purchase, hold, lease, manage, occupy,
4-26 and sell real and personal property or an interest in property;
4-27 (2) enter into and perform necessary contracts;
5-1 (3) appoint and employ necessary officers, agents, and
5-2 employees;
5-3 (4) sue and be sued;
5-4 (5) if the district was created under a petition
5-5 submitted as authorized by Section 775.011 or 775.012, impose and
5-6 collect taxes as prescribed by this chapter;
5-7 (6) accept and receive donations;
5-8 (7) lease, own, maintain, operate, and provide
5-9 emergency services vehicles and other necessary or proper
5-10 apparatus, instrumentalities, equipment, and machinery to provide
5-11 emergency services;
5-12 (8) lease, own, and maintain real property,
5-13 improvements, and fixtures necessary to house, repair, and maintain
5-14 emergency services vehicles and equipment;
5-15 (9) contract with other entities, including other
5-16 districts or municipalities, to make emergency services facilities
5-17 and emergency services available to the district;
5-18 (10) contract with other entities, including other
5-19 districts or municipalities, for reciprocal operation of services
5-20 and facilities if the contracting parties find that reciprocal
5-21 operation would be mutually beneficial and not detrimental to the
5-22 district; and
5-23 (11) perform other acts necessary to carry out the
5-24 intent of this chapter.
5-25 SECTION 7. The heading to Subchapter D, Chapter 775, Health
5-26 and Safety Code, is amended to read as follows:
5-27 SUBCHAPTER D. EXPANSION, CONVERSION, OR DISSOLUTION OF DISTRICT
6-1 SECTION 8. Subchapter D, Chapter 775, Health and Safety
6-2 Code, is amended by adding Section 775.056 to read as follows:
6-3 Sec. 775.056. CONVERSION OF DISTRICT WITHOUT TAXING
6-4 AUTHORITY TO DISTRICT WITH TAXING AUTHORITY. (a) Qualified voters
6-5 who own taxable real property in a district without taxing
6-6 authority may petition to have the district converted to a district
6-7 with taxing authority in the same manner as that provided for the
6-8 creation of a district by:
6-9 (1) Section 775.011, if the district to be converted
6-10 is located wholly in one county; or
6-11 (2) Section 775.012, if the district to be converted
6-12 is located in more than one county.
6-13 (b) On receipt of a petition for conversion in the proper
6-14 form, the commissioners court shall set and hold a hearing on the
6-15 petition as provided by Sections 775.015 and 775.016. The
6-16 commissioners court shall grant or deny the petition as provided by
6-17 Section 775.017. If the petition is granted, the commissioners
6-18 court shall order a confirmation election as provided by Section
6-19 775.018.
6-20 (c) The conversion of a district from a district without
6-21 taxing authority to a district with taxing authority does not
6-22 affect the district's obligations or outstanding indebtedness.
6-23 SECTION 9. Section 775.071, Health and Safety Code, is
6-24 amended to read as follows:
6-25 Sec. 775.071. LIMITATION: ON INDEBTEDNESS AND TAXING. (a)
6-26 Except as provided by Section 775.051, Section 775.072, and
6-27 Sections 775.077-775.081, a district may not contract for an amount
7-1 of indebtedness in any one year that is in excess of the funds then
7-2 on hand or that may be paid from current revenues for the year.
7-3 (b) The following do not apply to a district that does not
7-4 have taxing authority:
7-5 (1) Sections 775.074-775.0753;
7-6 (2) Section 775.076(k); and
7-7 (3) Section 775.077.
7-8 SECTION 10. Section 775.076(b), Health and Safety Code, is
7-9 amended to read as follows:
7-10 (b) The board of a district that does not have taxing
7-11 authority may issue bonds and notes in one or more issues or series
7-12 that are payable from and secured by liens on and pledges of all or
7-13 part of the district's revenues, income, or receipts. The board of
7-14 a district with taxing authority may issue bonds and notes in one
7-15 or more issues or series that are payable from and secured by liens
7-16 on and pledges of:
7-17 (1) ad valorem taxes;
7-18 (2) all or part of the district's revenues, income, or
7-19 receipts; or
7-20 (3) a combination of those taxes, revenues, income,
7-21 and receipts.
7-22 SECTION 11. Section 775.078, Health and Safety Code, is
7-23 amended by adding Subsection (e) to read as follows:
7-24 (e) A district that does not have taxing authority may not
7-25 issue bond anticipation notes secured by taxes.
7-26 SECTION 12. The importance of this legislation and the
7-27 crowded condition of the calendars in both houses create an
8-1 emergency and an imperative public necessity that the
8-2 constitutional rule requiring bills to be read on three several
8-3 days in each house be suspended, and this rule is hereby suspended,
8-4 and that this Act take effect and be in force from and after its
8-5 passage, and it is so enacted.