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.