1-1 By: Turner of Coleman, et al. H.B. No. 1832
1-2 (Senate Sponsor - Armbrister)
1-3 (In the Senate - Received from the House May 15, 1995;
1-4 May 17, 1995, read first time and referred to Committee on
1-5 Intergovernmental Relations; May 26, 1995, reported favorably by
1-6 the following vote: Yeas 8, Nays 0; May 26, 1995, sent to
1-7 printer.)
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the creation of emergency services districts without
1-11 taxing authority and the conversion of such districts to emergency
1-12 services districts with taxing authority.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subchapter B, Chapter 775, Health and Safety
1-15 Code, is amended by adding Sections 775.0111 and 775.0121 to read
1-16 as follows:
1-17 Sec. 775.0111. PETITION FOR CREATION OF DISTRICT WITHOUT
1-18 TAXING AUTHORITY LOCATED WHOLLY IN ONE COUNTY. (a) Before a
1-19 district without taxing authority that contains territory located
1-20 wholly in one county may be created, the county judge of the county
1-21 must receive a petition signed by at least 100 qualified voters who
1-22 own taxable real property in the proposed district or, if there are
1-23 fewer than 100 of those voters, a petition signed by a majority of
1-24 those voters.
1-25 (b) The name of the district proposed by the petition must
1-26 be "____________ County Emergency Services District No.
1-27 __________," with the name of the county and the proper consecutive
1-28 number inserted.
1-29 Sec. 775.0121. PETITION FOR CREATION OF DISTRICT WITHOUT
1-30 TAXING AUTHORITY LOCATED IN MORE THAN ONE COUNTY. (a) Before a
1-31 district without taxing authority that contains territory located
1-32 in more than one county may be created, the county judge of each
1-33 county in which the district is proposed to be created must receive
1-34 a petition signed by at least 100 qualified voters who own taxable
1-35 real property that is located in the county in which the judge
1-36 presides and in the proposed district or, if there are fewer than
1-37 100 of those voters, a petition signed by a majority of those
1-38 voters.
1-39 (b) The name of the district proposed by the petition must
1-40 be "____________ Emergency Services District," with the proposed
1-41 name of the district inserted.
1-42 SECTION 2. Section 775.013(a), Health and Safety Code, is
1-43 amended to read as follows:
1-44 (a) The petition prescribed by Section 775.011, 775.0111,
1-45 <or> 775.012, or 775.0121 must show:
1-46 (1) that the district is to be created and is to
1-47 operate under Article III, Section 48-e, of the Texas Constitution,
1-48 as proposed by S.J.R. No. 27, Acts of the 70th Legislature, Regular
1-49 Session, 1987, and adopted by the voters at an election held
1-50 November 3, 1987;
1-51 (2) the name of the proposed district;
1-52 (3) the district's boundaries as designated by metes
1-53 and bounds or other sufficient legal description;
1-54 (4) that none of the territory in the district is
1-55 included in another emergency services district; <and>
1-56 (5) the mailing address of each petitioner; and
1-57 (6) whether the proposed district is to have taxing
1-58 authority.
1-59 SECTION 3. Section 775.015(c), Health and Safety Code, is
1-60 amended to read as follows:
1-61 (c) The county clerk shall give notice of the hearing. The
1-62 notice must state:
1-63 (1) that creation of a district is proposed and
1-64 whether the proposed district is to have taxing authority;
1-65 (2) that the district is to be created and is to
1-66 operate under Article III, Section 48-e, of the Texas Constitution,
1-67 as proposed by S.J.R. No. 27, Acts of the 70th Legislature, Regular
1-68 Session, 1987, and adopted by the voters at an election held
2-1 November 3, 1987;
2-2 (3) the name of the proposed district;
2-3 (4) the district's boundaries as stated in the
2-4 petition;
2-5 (5) the place, date, and time of the hearing; and
2-6 (6) that each person who has an interest in the
2-7 creation of the district may attend the hearing and present grounds
2-8 for or against creation of the district.
2-9 SECTION 4. Section 775.017, Health and Safety Code, is
2-10 amended by adding new Subsections (c) and (d) and relettering
2-11 existing Subsection (c) to read as follows:
2-12 (c) If after the hearing on a petition to create a district
2-13 without taxing authority under Section 775.0111 or 775.0121 the
2-14 commissioners court finds that the proposed district meets the
2-15 requirements prescribed by Subsection (a), the commissioners court
2-16 shall order the creation of the district. Except as provided by
2-17 Subsection (d), the creation of the district is effected on the
2-18 date specified in the order. A confirmation election for the
2-19 creation of a district without taxing authority is not necessary.
2-20 (d) If the petition indicates that the proposed district
2-21 will be created without taxing authority and contain territory in
2-22 more than one county, the commissioners court order creating the
2-23 district is not effective until the commissioners court of each
2-24 county in which the district is proposed to be created has ordered
2-25 the district's creation.
2-26 (e) If the commissioners court finds that the proposed
2-27 district does not meet the requirements prescribed by Subsection
2-28 (a), the commissioners court shall deny the petition.
2-29 SECTION 5. Section 775.018(a), Health and Safety Code, is
2-30 amended to read as follows:
2-31 (a) Except as provided by Subsection (b), on the granting of
2-32 a petition to create a district with taxing authority, the
2-33 commissioners court shall order an election to confirm the
2-34 district's creation and authorize the imposition of a tax not to
2-35 exceed 10 cents on each $100 of the taxable value of property
2-36 taxable by the district or three cents on each $100 of the taxable
2-37 value of property taxable by the district if any area in the
2-38 district is also included in a rural fire prevention district.
2-39 SECTION 6. Section 775.031(a), Health and Safety Code, is
2-40 amended to read as follows:
2-41 (a) A district is a political subdivision of the state. To
2-42 perform the functions of the district, a district may:
2-43 (1) acquire, purchase, hold, lease, manage, occupy,
2-44 and sell real and personal property or an interest in property;
2-45 (2) enter into and perform necessary contracts;
2-46 (3) appoint and employ necessary officers, agents, and
2-47 employees;
2-48 (4) sue and be sued;
2-49 (5) if the district was created under a petition
2-50 submitted as authorized by Section 775.011 or 775.012, impose and
2-51 collect taxes as prescribed by this chapter;
2-52 (6) accept and receive donations;
2-53 (7) lease, own, maintain, operate, and provide
2-54 emergency services vehicles and other necessary or proper
2-55 apparatus, instrumentalities, equipment, and machinery to provide
2-56 emergency services;
2-57 (8) lease, own, and maintain real property,
2-58 improvements, and fixtures necessary to house, repair, and maintain
2-59 emergency services vehicles and equipment;
2-60 (9) contract with other entities, including other
2-61 districts or municipalities, to make emergency services facilities
2-62 and emergency services available to the district;
2-63 (10) contract with other entities, including other
2-64 districts or municipalities, for reciprocal operation of services
2-65 and facilities if the contracting parties find that reciprocal
2-66 operation would be mutually beneficial and not detrimental to the
2-67 district; and
2-68 (11) perform other acts necessary to carry out the
2-69 intent of this chapter.
2-70 SECTION 7. The heading to Subchapter D, Chapter 775, Health
3-1 and Safety Code, is amended to read as follows:
3-2 SUBCHAPTER D. EXPANSION, CONVERSION, OR DISSOLUTION OF DISTRICT
3-3 SECTION 8. Subchapter D, Chapter 775, Health and Safety
3-4 Code, is amended by adding Section 775.056 to read as follows:
3-5 Sec. 775.056. CONVERSION OF DISTRICT WITHOUT TAXING
3-6 AUTHORITY TO DISTRICT WITH TAXING AUTHORITY. (a) Qualified voters
3-7 who own taxable real property in a district without taxing
3-8 authority may petition to have the district converted to a district
3-9 with taxing authority in the same manner as that provided for the
3-10 creation of a district by:
3-11 (1) Section 775.011, if the district to be converted
3-12 is located wholly in one county; or
3-13 (2) Section 775.012, if the district to be converted
3-14 is located in more than one county.
3-15 (b) On receipt of a petition for conversion in the proper
3-16 form, the commissioners court shall set and hold a hearing on the
3-17 petition as provided by Sections 775.015 and 775.016. The
3-18 commissioners court shall grant or deny the petition as provided by
3-19 Section 775.017. If the petition is granted, the commissioners
3-20 court shall order a confirmation election as provided by Section
3-21 775.018.
3-22 (c) The conversion of a district from a district without
3-23 taxing authority to a district with taxing authority does not
3-24 affect the district's obligations or outstanding indebtedness.
3-25 SECTION 9. Section 775.071, Health and Safety Code, is
3-26 amended to read as follows:
3-27 Sec. 775.071. LIMITATION: ON INDEBTEDNESS AND TAXING. (a)
3-28 Except as provided by Section 775.051, Section 775.072, and
3-29 Sections 775.077-775.081, a district may not contract for an amount
3-30 of indebtedness in any one year that is in excess of the funds then
3-31 on hand or that may be paid from current revenues for the year.
3-32 (b) The following do not apply to a district that does not
3-33 have taxing authority:
3-34 (1) Sections 775.074-775.0753;
3-35 (2) Section 775.076(k); and
3-36 (3) Section 775.077.
3-37 SECTION 10. Section 775.076(b), Health and Safety Code, is
3-38 amended to read as follows:
3-39 (b) The board of a district that does not have taxing
3-40 authority may issue bonds and notes in one or more issues or series
3-41 that are payable from and secured by liens on and pledges of all or
3-42 part of the district's revenues, income, or receipts. The board of
3-43 a district with taxing authority may issue bonds and notes in one
3-44 or more issues or series that are payable from and secured by liens
3-45 on and pledges of:
3-46 (1) ad valorem taxes;
3-47 (2) all or part of the district's revenues, income, or
3-48 receipts; or
3-49 (3) a combination of those taxes, revenues, income,
3-50 and receipts.
3-51 SECTION 11. Section 775.078, Health and Safety Code, is
3-52 amended by adding Subsection (e) to read as follows:
3-53 (e) A district that does not have taxing authority may not
3-54 issue bond anticipation notes secured by taxes.
3-55 SECTION 12. The importance of this legislation and the
3-56 crowded condition of the calendars in both houses create an
3-57 emergency and an imperative public necessity that the
3-58 constitutional rule requiring bills to be read on three several
3-59 days in each house be suspended, and this rule is hereby suspended,
3-60 and that this Act take effect and be in force from and after its
3-61 passage, and it is so enacted.
3-62 * * * * *