1-1 By: Lucio S.B. No. 1705
1-2 (In the Senate - Filed May 4, 1995; May 5, 1995, read first
1-3 time and referred to Committee on Intergovernmental Relations;
1-4 May 10, 1995, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; May 10, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation of an emergency services district and
1-9 simultaneous dissolution of a rural fire prevention district.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subchapter B, Chapter 775, Health and Safety
1-12 Code, is amended by adding Sections 775.023 and 775.024 to read as
1-13 follows:
1-14 Sec. 775.023. PETITION FOR CREATION OF EMERGENCY SERVICES
1-15 DISTRICT AND DISSOLUTION OF RURAL FIRE PREVENTION DISTRICTS:
1-16 CERTAIN COUNTIES. (a) This section and Section 775.024 apply only
1-17 to a petition filed in a county that:
1-18 (1) is located on an international border;
1-19 (2) has a population of more than 375,000; and
1-20 (3) contains at least seven municipalities, each with
1-21 a population of more than 12,000. A petition calling for the
1-22 creation of an emergency services district that includes territory
1-23 of one or more rural fire prevention districts and for the
1-24 simultaneous dissolution of those rural fire prevention districts
1-25 may be filed with the county judge of the county in which the
1-26 proposed emergency services district will be located. The petition
1-27 must be signed by at least 100 qualified voters who own taxable
1-28 real property that is located in the county and in the proposed
1-29 emergency services district. If there are fewer than 100 of those
1-30 voters, the petition must be signed by a majority of those voters.
1-31 The name of the district proposed by the petition must
1-32 be "___________________ Emergency Services District."
1-33 (b) The petition must show:
1-34 (1) that the district is to be created and is to
1-35 operate under Section 48-e, Article III, Texas Constitution, as
1-36 proposed by S.J.R. No. 27, Acts of the 70th Legislature, Regular
1-37 Session, 1987, and adopted by the voters at an election held
1-38 November 3, 1987;
1-39 (2) the name of the proposed emergency services
1-40 district;
1-41 (3) the emergency services district's boundaries as
1-42 designated by metes and bounds or other sufficient legal
1-43 description;
1-44 (4) the name of each rural fire prevention district
1-45 that exists in the territory encompassed by the boundaries of the
1-46 proposed emergency services district and that is proposed to be
1-47 dissolved;
1-48 (5) that none of the territory in the emergency
1-49 services district is included in another emergency services
1-50 district; and
1-51 (6) the mailing address of each petitioner.
1-52 (c) The petition must contain an agreement signed by at
1-53 least two petitioners that obligates them to pay not more than $150
1-54 of the costs incident to the formation of the emergency services
1-55 district, including the costs of publishing notices, election
1-56 costs, and other necessary and incidental expenses.
1-57 (d) If the petition is in proper form, the county judge may
1-58 receive the petition and shall file the petition with the county
1-59 clerk.
1-60 (e) At the next regular or special session of the
1-61 commissioners court held after the petition is filed with the
1-62 county clerk, the commissioners court shall set a place, date, and
1-63 time for hearings to consider the petition. At least one hearing
1-64 must be conducted in each rural fire prevention district that is
1-65 proposed to be dissolved. The notice and the conduct of the
1-66 hearings must be in accordance with Sections 775.015 and 775.016.
1-67 After the conclusion of the hearings, the commissioners court may
1-68 grant the petition as provided by Section 775.017.
2-1 Sec. 775.024. ELECTION TO CREATE EMERGENCY SERVICES DISTRICT
2-2 AND DISSOLUTION OF RURAL FIRE PREVENTION DISTRICT: CERTAIN
2-3 COUNTIES. (a) On the granting of a petition under Section
2-4 775.023, the commissioners court shall order an election to confirm
2-5 the creation of the emergency services district, authorize the
2-6 imposition of a tax not to exceed 10 cents on each $100 of the
2-7 taxable value of property taxable by the district, and assume the
2-8 assets and liabilities of each rural fire prevention district that
2-9 is proposed to be dissolved. At the same time, the commissioners
2-10 court shall order an election in each rural fire prevention
2-11 district on the question of whether to dissolve the rural fire
2-12 prevention district effective on the date that the emergency
2-13 services district is created. Sections 775.018 and 775.019 apply
2-14 to the election to confirm the creation of the emergency services
2-15 district. Section 794.059 applies to the election to dissolve the
2-16 rural fire prevention district, except that the commissioners court
2-17 shall perform a duty of the board of fire commissioners under that
2-18 section.
2-19 (b) The ballot in the election to confirm creation of the
2-20 emergency services district must be printed to permit voting for or
2-21 against the proposition: "The creation of the ____________
2-22 Emergency Services District; the transfer to the ____________
2-23 Emergency Services District of the assets and liabilities of
2-24 ____________ Rural Fire Prevention District if that district is
2-25 dissolved; and the levy of an ad valorem tax at a rate not to
2-26 exceed 10 cents on each $100 valuation of property."
2-27 (c) An emergency services district is created and organized
2-28 under this chapter if a majority of those voting in the election
2-29 vote to confirm the creation of the emergency services district.
2-30 If a majority of those voting at the election vote against
2-31 confirming the creation of the emergency services district, a rural
2-32 fire prevention district as to which the commissioners court orders
2-33 an election under Subsection (a) is not dissolved, without regard
2-34 to the results of the dissolution election.
2-35 (d) If a majority of those voting at the election vote to
2-36 dissolve a rural fire prevention district, the territory of the
2-37 rural fire prevention district is included in the emergency
2-38 services district. If a majority of those voting at the election
2-39 vote against dissolving a rural fire prevention district, the
2-40 territory of the rural fire prevention district may not be included
2-41 in the emergency services district.
2-42 (e) On the effective date of creation of an emergency
2-43 services district as provided by an order under Section 775.019(e),
2-44 the board of fire commissioners of a rural fire prevention district
2-45 dissolved as a result of an election under this section shall
2-46 transfer the assets and liabilities of the rural fire prevention
2-47 district to the emergency services district. If the rural fire
2-48 prevention district has outstanding bonds to which ad valorem taxes
2-49 are pledged, the board of emergency services commissioners of the
2-50 emergency services district shall fully pay the debt or shall
2-51 annually impose an ad valorem tax on all property located in the
2-52 district and subject to district taxation at a rate sufficient to
2-53 pay the principal and interest on the bonds. The dissolution of
2-54 the rural fire prevention district does not diminish or impair the
2-55 rights of the holders of any outstanding bonds or notes of the
2-56 district at the time of dissolution.
2-57 SECTION 2. The importance of this legislation and the
2-58 crowded condition of the calendars in both houses create an
2-59 emergency and an imperative public necessity that the
2-60 constitutional rule requiring bills to be read on three several
2-61 days in each house be suspended, and this rule is hereby suspended,
2-62 and that this Act take effect and be in force from and after its
2-63 passage, and it is so enacted.
2-64 * * * * *