74R8862 JJT-F
By De La Garza H.B. No. 2143
Substitute the following for H.B. No. 2143:
By Longoria C.S.H.B. No. 2143
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of an emergency services district and
1-3 simultaneous dissolution of a rural fire prevention district.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 775, Health and Safety
1-6 Code, is amended by adding Sections 775.023 and 775.024 to read as
1-7 follows:
1-8 Sec. 775.023. PETITION FOR CREATION OF EMERGENCY SERVICES
1-9 DISTRICT AND DISSOLUTION OF RURAL FIRE PREVENTION DISTRICTS:
1-10 CERTAIN COUNTIES. (a) This section and Section 775.024 apply only
1-11 to a petition filed in a county that:
1-12 (1) is located on an international border;
1-13 (2) has a population of more than 375,000; and
1-14 (3) contains at least seven municipalities, each with
1-15 a population of more than 12,000. A petition calling for the
1-16 creation of an emergency services district that includes territory
1-17 of one or more rural fire prevention districts and for the
1-18 simultaneous dissolution of those rural fire prevention districts
1-19 may be filed with the county judge of the county in which the
1-20 proposed emergency services district will be located. The petition
1-21 must be signed by at least 100 qualified voters who own taxable
1-22 real property that is located in the county and in the proposed
1-23 emergency services district. If there are fewer than 100 of those
1-24 voters, the petition must be signed by a majority of those voters.
2-1 The name of the district proposed by the petition must
2-2 be "___________________ Emergency Services District."
2-3 (b) The petition must show:
2-4 (1) that the district is to be created and is to
2-5 operate under Section 48-e, Article III, Texas Constitution, as
2-6 proposed by S.J.R. No. 27, Acts of the 70th Legislature, Regular
2-7 Session, 1987, and adopted by the voters at an election held
2-8 November 3, 1987;
2-9 (2) the name of the proposed emergency services
2-10 district;
2-11 (3) the emergency services district's boundaries as
2-12 designated by metes and bounds or other sufficient legal
2-13 description;
2-14 (4) the name of each rural fire prevention district
2-15 that exists in the territory encompassed by the boundaries of the
2-16 proposed emergency services district and that is proposed to be
2-17 dissolved;
2-18 (5) that none of the territory in the emergency
2-19 services district is included in another emergency services
2-20 district; and
2-21 (6) the mailing address of each petitioner.
2-22 (c) The petition must contain an agreement signed by at
2-23 least two petitioners that obligates them to pay not more than $150
2-24 of the costs incident to the formation of the emergency services
2-25 district, including the costs of publishing notices, election
2-26 costs, and other necessary and incidental expenses.
2-27 (d) If the petition is in proper form, the county judge may
3-1 receive the petition and shall file the petition with the county
3-2 clerk.
3-3 (e) At the next regular or special session of the
3-4 commissioners court held after the petition is filed with the
3-5 county clerk, the commissioners court shall set a place, date, and
3-6 time for hearings to consider the petition. At least one hearing
3-7 must be conducted in each rural fire prevention district that is
3-8 proposed to be dissolved. The notice and the conduct of the
3-9 hearings must be in accordance with Sections 775.015 and 775.016.
3-10 After the conclusion of the hearings, the commissioners court may
3-11 grant the petition as provided by Section 775.017.
3-12 Sec. 775.024. ELECTION TO CREATE EMERGENCY SERVICES DISTRICT
3-13 AND DISSOLUTION OF RURAL FIRE PREVENTION DISTRICT: CERTAIN
3-14 COUNTIES. (a) On the granting of a petition under Section
3-15 775.023, the commissioners court shall order an election to confirm
3-16 the creation of the emergency services district, authorize the
3-17 imposition of a tax not to exceed 10 cents on each $100 of the
3-18 taxable value of property taxable by the district, and assume the
3-19 assets and liabilities of each rural fire prevention district that
3-20 is proposed to be dissolved. At the same time, the commissioners
3-21 court shall order an election in each rural fire prevention
3-22 district on the question of whether to dissolve the rural fire
3-23 prevention district effective on the date that the emergency
3-24 services district is created. Sections 775.018 and 775.019 apply
3-25 to the election to confirm the creation of the emergency services
3-26 district. Section 794.059 applies to the election to dissolve the
3-27 rural fire prevention district, except that the commissioners court
4-1 shall perform a duty of the board of fire commissioners under that
4-2 section.
4-3 (b) The ballot in the election to confirm creation of the
4-4 emergency services district must be printed to permit voting for or
4-5 against the proposition: "The creation of the ____________
4-6 Emergency Services District; the transfer to the ____________
4-7 Emergency Services District of the assets and liabilities of
4-8 ____________ Rural Fire Prevention District if that district is
4-9 dissolved; and the levy of an ad valorem tax at a rate not to
4-10 exceed 10 cents on each $100 valuation of property."
4-11 (c) An emergency services district is created and organized
4-12 under this chapter if a majority of those voting in the election
4-13 vote to confirm the creation of the emergency services district.
4-14 If a majority of those voting at the election vote against
4-15 confirming the creation of the emergency services district, a rural
4-16 fire prevention district as to which the commissioners court orders
4-17 an election under Subsection (a) is not dissolved, without regard
4-18 to the results of the dissolution election.
4-19 (d) If a majority of those voting at the election vote to
4-20 dissolve a rural fire prevention district, the territory of the
4-21 rural fire prevention district is included in the emergency
4-22 services district. If a majority of those voting at the election
4-23 vote against dissolving a rural fire prevention district, the
4-24 territory of the rural fire prevention district may not be included
4-25 in the emergency services district.
4-26 (e) On the effective date of creation of an emergency
4-27 services district as provided by an order under Section 775.019(e),
5-1 the board of fire commissioners of a rural fire prevention district
5-2 dissolved as a result of an election under this section shall
5-3 transfer the assets and liabilities of the rural fire prevention
5-4 district to the emergency services district. If the rural fire
5-5 prevention district has outstanding bonds to which ad valorem taxes
5-6 are pledged, the board of emergency services commissioners of the
5-7 emergency services district shall fully pay the debt or shall
5-8 annually impose an ad valorem tax on all property located in the
5-9 district and subject to district taxation at a rate sufficient to
5-10 pay the principal and interest on the bonds. The dissolution of
5-11 the rural fire prevention district does not diminish or impair the
5-12 rights of the holders of any outstanding bonds or notes of the
5-13 district at the time of dissolution.
5-14 SECTION 2. The importance of this legislation and the
5-15 crowded condition of the calendars in both houses create an
5-16 emergency and an imperative public necessity that the
5-17 constitutional rule requiring bills to be read on three several
5-18 days in each house be suspended, and this rule is hereby suspended,
5-19 and that this Act take effect and be in force from and after its
5-20 passage, and it is so enacted.