By: Lucio S.B. No. 1705 A BILL TO BE ENTITLED AN ACT 1-1 relating to the creation of an emergency services district and 1-2 simultaneous dissolution of a rural fire prevention district. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter B, Chapter 775, Health and Safety 1-5 Code, is amended by adding Sections 775.023 and 775.024 to read as 1-6 follows: 1-7 Sec. 775.023. PETITION FOR CREATION OF EMERGENCY SERVICES 1-8 DISTRICT AND DISSOLUTION OF RURAL FIRE PREVENTION DISTRICTS: 1-9 CERTAIN COUNTIES. (a) This section and Section 775.024 apply only 1-10 to a petition filed in a county that: 1-11 (1) is located on an international border; 1-12 (2) has a population of more than 375,000; and 1-13 (3) contains at least seven municipalities, each with 1-14 a population of more than 12,000. A petition calling for the 1-15 creation of an emergency services district that includes territory 1-16 of one or more rural fire prevention districts and for the 1-17 simultaneous dissolution of those rural fire prevention districts 1-18 may be filed with the county judge of the county in which the 1-19 proposed emergency services district will be located. The petition 1-20 must be signed by at least 100 qualified voters who own taxable 1-21 real property that is located in the county and in the proposed 1-22 emergency services district. If there are fewer than 100 of those 1-23 voters, the petition must be signed by a majority of those voters. 1-24 The name of the district proposed by the petition must 2-1 be "___________________ Emergency Services District." 2-2 (b) The petition must show: 2-3 (1) that the district is to be created and is to 2-4 operate under Section 48-e, Article III, Texas Constitution, as 2-5 proposed by S.J.R. No. 27, Acts of the 70th Legislature, Regular 2-6 Session, 1987, and adopted by the voters at an election held 2-7 November 3, 1987; 2-8 (2) the name of the proposed emergency services 2-9 district; 2-10 (3) the emergency services district's boundaries as 2-11 designated by metes and bounds or other sufficient legal 2-12 description; 2-13 (4) the name of each rural fire prevention district 2-14 that exists in the territory encompassed by the boundaries of the 2-15 proposed emergency services district and that is proposed to be 2-16 dissolved; 2-17 (5) that none of the territory in the emergency 2-18 services district is included in another emergency services 2-19 district; and 2-20 (6) the mailing address of each petitioner. 2-21 (c) The petition must contain an agreement signed by at 2-22 least two petitioners that obligates them to pay not more than $150 2-23 of the costs incident to the formation of the emergency services 2-24 district, including the costs of publishing notices, election 2-25 costs, and other necessary and incidental expenses. 2-26 (d) If the petition is in proper form, the county judge may 2-27 receive the petition and shall file the petition with the county 3-1 clerk. 3-2 (e) At the next regular or special session of the 3-3 commissioners court held after the petition is filed with the 3-4 county clerk, the commissioners court shall set a place, date, and 3-5 time for hearings to consider the petition. At least one hearing 3-6 must be conducted in each rural fire prevention district that is 3-7 proposed to be dissolved. The notice and the conduct of the 3-8 hearings must be in accordance with Sections 775.015 and 775.016. 3-9 After the conclusion of the hearings, the commissioners court may 3-10 grant the petition as provided by Section 775.017. 3-11 Sec. 775.024. ELECTION TO CREATE EMERGENCY SERVICES DISTRICT 3-12 AND DISSOLUTION OF RURAL FIRE PREVENTION DISTRICT: CERTAIN 3-13 COUNTIES. (a) On the granting of a petition under Section 3-14 775.023, the commissioners court shall order an election to confirm 3-15 the creation of the emergency services district, authorize the 3-16 imposition of a tax not to exceed 10 cents on each $100 of the 3-17 taxable value of property taxable by the district, and assume the 3-18 assets and liabilities of each rural fire prevention district that 3-19 is proposed to be dissolved. At the same time, the commissioners 3-20 court shall order an election in each rural fire prevention 3-21 district on the question of whether to dissolve the rural fire 3-22 prevention district effective on the date that the emergency 3-23 services district is created. Sections 775.018 and 775.019 apply 3-24 to the election to confirm the creation of the emergency services 3-25 district. Section 794.059 applies to the election to dissolve the 3-26 rural fire prevention district, except that the commissioners court 3-27 shall perform a duty of the board of fire commissioners under that 4-1 section. 4-2 (b) The ballot in the election to confirm creation of the 4-3 emergency services district must be printed to permit voting for or 4-4 against the proposition: "The creation of the ____________ 4-5 Emergency Services District; the transfer to the ____________ 4-6 Emergency Services District of the assets and liabilities of 4-7 ____________ Rural Fire Prevention District if that district is 4-8 dissolved; and the levy of an ad valorem tax at a rate not to 4-9 exceed 10 cents on each $100 valuation of property." 4-10 (c) An emergency services district is created and organized 4-11 under this chapter if a majority of those voting in the election 4-12 vote to confirm the creation of the emergency services district. 4-13 If a majority of those voting at the election vote against 4-14 confirming the creation of the emergency services district, a rural 4-15 fire prevention district as to which the commissioners court orders 4-16 an election under Subsection (a) is not dissolved, without regard 4-17 to the results of the dissolution election. 4-18 (d) If a majority of those voting at the election vote to 4-19 dissolve a rural fire prevention district, the territory of the 4-20 rural fire prevention district is included in the emergency 4-21 services district. If a majority of those voting at the election 4-22 vote against dissolving a rural fire prevention district, the 4-23 territory of the rural fire prevention district may not be included 4-24 in the emergency services district. 4-25 (e) On the effective date of creation of an emergency 4-26 services district as provided by an order under Section 775.019(e), 4-27 the board of fire commissioners of a rural fire prevention district 5-1 dissolved as a result of an election under this section shall 5-2 transfer the assets and liabilities of the rural fire prevention 5-3 district to the emergency services district. If the rural fire 5-4 prevention district has outstanding bonds to which ad valorem taxes 5-5 are pledged, the board of emergency services commissioners of the 5-6 emergency services district shall fully pay the debt or shall 5-7 annually impose an ad valorem tax on all property located in the 5-8 district and subject to district taxation at a rate sufficient to 5-9 pay the principal and interest on the bonds. The dissolution of 5-10 the rural fire prevention district does not diminish or impair the 5-11 rights of the holders of any outstanding bonds or notes of the 5-12 district at the time of dissolution. 5-13 SECTION 2. The importance of this legislation and the 5-14 crowded condition of the calendars in both houses create an 5-15 emergency and an imperative public necessity that the 5-16 constitutional rule requiring bills to be read on three several 5-17 days in each house be suspended, and this rule is hereby suspended, 5-18 and that this Act take effect and be in force from and after its 5-19 passage, and it is so enacted.