By De La Garza H.B. No. 2143
74R5594 ESH-F
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 775.023-775.026 to read as
1-7 follows:
1-8 Sec. 775.023. PETITION FOR CREATION OF EMERGENCY SERVICES
1-9 DISTRICT AND SIMULTANEOUS DISSOLUTION OF RURAL FIRE PREVENTION
1-10 DISTRICTS. (a) A petition calling for the creation of an
1-11 emergency services district that includes territory of one or more
1-12 rural fire prevention districts and for the simultaneous
1-13 dissolution of those rural fire prevention districts may be filed
1-14 with the county judge of each county in which the proposed
1-15 emergency services district will be located. The petition must be
1-16 signed by at least 100 qualified voters who own taxable real
1-17 property that is located in the county in which that judge presides
1-18 and in the proposed emergency services district. If there are
1-19 fewer than 100 of those voters, the petition must be signed by a
1-20 majority of those voters.
1-21 (b) The name of the district proposed by the petition must
1-22 be "___________________ Emergency Services District."
1-23 Sec. 775.024. CONTENTS OF PETITION. (a) The petition
1-24 prescribed by Section 775.023 must show:
2-1 (1) that the district is to be created and is to
2-2 operate under Section 48-e, Article III, Texas Constitution, as
2-3 proposed by S.J.R. No. 27, Acts of the 70th Legislature, Regular
2-4 Session, 1987, and adopted by the voters at an election held
2-5 November 3, 1987;
2-6 (2) the name of the proposed emergency services
2-7 district;
2-8 (3) the emergency services district's boundaries as
2-9 designated by metes and bounds or other sufficient legal
2-10 description;
2-11 (4) the name of each rural fire prevention district
2-12 that exists in the territory encompassed by the boundaries of the
2-13 proposed emergency services district and that is proposed to be
2-14 dissolved;
2-15 (5) that none of the territory in the emergency
2-16 services district is included in another emergency services
2-17 district; and
2-18 (6) the mailing address of each petitioner.
2-19 (b) The petition must contain an agreement signed by at
2-20 least two petitioners that obligates them to pay not more than $150
2-21 of the costs incident to the formation of the emergency services
2-22 district, including the costs of publishing notices, election
2-23 costs, and other necessary and incidental expenses.
2-24 Sec. 775.025. FILING OF PETITION AND NOTICE OF HEARING;
2-25 PETITION APPROVAL. (a) If the petition prescribed by Section
2-26 775.023 is in proper form, the county judge may receive the
2-27 petition and shall file the petition with the county clerk.
3-1 (b) At the next regular or special session of the
3-2 commissioners court held after the petition is filed with the
3-3 county clerk, the commissioners court shall set a place, date, and
3-4 time for hearings to consider the petition. At least one hearing
3-5 must be conducted in each rural fire prevention district that is
3-6 proposed to be dissolved. The notice and the conduct of the
3-7 hearings must be in accordance with Sections 775.015 and 775.016.
3-8 (c) After the conclusion of the hearings, the commissioners
3-9 court may grant the petition as provided by Section 775.017.
3-10 Sec. 775.026. ELECTION. (a) On the granting of a petition
3-11 under Section 775.025, the commissioners court shall order an
3-12 election to confirm the creation of the emergency services
3-13 district, authorize the imposition of a tax not to exceed 10 cents
3-14 on each $100 of the taxable value of property taxable by the
3-15 district, and assume the assets and liabilities of each rural fire
3-16 prevention district that is proposed to be dissolved. At the same
3-17 time, the commissioners court shall order an election in each rural
3-18 fire prevention district on the question of whether to dissolve the
3-19 rural fire prevention district effective on the date that the
3-20 emergency services district is created. Sections 775.018 and
3-21 775.019 apply to the election to confirm the creation of the
3-22 emergency services district. Section 794.059 applies to the
3-23 election to dissolve the rural fire prevention district, except
3-24 that the commissioners court shall perform a duty of the board of
3-25 fire commissioners under that section.
3-26 (b) The ballot in the election to confirm creation of the
3-27 emergency services district must be printed to permit voting for or
4-1 against the proposition: "The creation of the ____________
4-2 Emergency Services District; the transfer to the ____________
4-3 Emergency Services District of the assets and liabilities of
4-4 ____________ Rural Fire Prevention District if that district is
4-5 dissolved; and the levy of an ad valorem tax at a rate not to
4-6 exceed 10 cents on each $100 valuation of property."
4-7 (c) An emergency services district is created and organized
4-8 under this chapter if a majority of those voting in the election
4-9 vote to confirm the creation of the emergency services district.
4-10 If a majority of those voting at the election vote against
4-11 confirming the creation of the emergency services district, a rural
4-12 fire prevention district as to which the commissioners court orders
4-13 an election under Subsection (a) is not dissolved, without regard
4-14 to the results of the dissolution election.
4-15 (d) If a majority of those voting at the election vote to
4-16 dissolve a rural fire prevention district, the territory of the
4-17 rural fire prevention district is included in the emergency
4-18 services district. If a majority of those voting at the election
4-19 vote against dissolving a rural fire prevention district, the
4-20 territory of the rural fire prevention district may not be included
4-21 in the emergency services district.
4-22 (e) On the effective date of creation of an emergency
4-23 services district as provided by an order under Section 775.019(e),
4-24 the board of fire commissioners of a rural fire prevention district
4-25 dissolved as a result of an election under this section shall
4-26 transfer the assets and liabilities of the rural fire prevention
4-27 district to the emergency services district. If the rural fire
5-1 prevention district has outstanding bonds to which ad valorem taxes
5-2 are pledged, the board of emergency services commissioners of the
5-3 emergency services district shall fully pay the debt or shall
5-4 annually impose an ad valorem tax on all property located in the
5-5 district and subject to district taxation at a rate sufficient to
5-6 pay the principal and interest on the bonds. The dissolution of
5-7 the rural fire prevention district does not diminish or impair the
5-8 rights of the holders of any outstanding bonds or notes of the
5-9 district at the time of dissolution.
5-10 SECTION 2. The importance of this legislation and the
5-11 crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended,
5-15 and that this Act take effect and be in force from and after its
5-16 passage, and it is so enacted.