By: Barrientos S.B. No. 1675
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation, administration, and financing of a
1-2 regional communications district.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle B, Title 9, Health and Safety Code is
1-5 amended by adding Chapter 777 to read as follows:
1-6 CHAPTER 777. LOCAL ADMINISTRATION OF REGIONAL COMMUNICATIONS SYSTEMS
1-7 777.001. Definitions
1-8 In this chapter:
1-9 (1) "9-1-1 service" means a telecommunications service
1-10 through which the user of a public telephone system has the ability
1-11 to reach a public safety answering point by dialing the digits
1-12 9-1-1.
1-13 (2) "9-1-1 system" means a system of processing emergency
1-14 9-1-1 calls.
1-15 (3) "Participating jurisdiction" means a public agency or
1-16 private safety entity that by vote consents to participate in a
1-17 regional communication district.
1-18 (4) "Private safety entity" means a private entity that
1-19 provides emergency fire-fighting, ambulance, or medical services.
1-20 (5) "Public agency" means a municipality or county in this
1-21 state, a state agency of this state, a special district, or other
2-1 political subdivision of this state;
2-2 (6) "Public safety agency" means the division of a public
2-3 agency that provides fire-fighting, law enforcement, medical, or
2-4 other emergency services, or a private entity that provides
2-5 emergency fire-fighting, medical or ambulance services.
2-6 (7) "Computer aided dispatch" means a computerized system
2-7 for managing resources which assists public agencies or private
2-8 safety entities in determining and managing the response to
2-9 requests for service.
2-10 (8) "Mobile Data communications" means a wireless system by
2-11 which information other than voice may be transmitted to or from
2-12 vehicles or personnel.
2-13 (9) "Voice radio communications" means a wireless system by
2-14 which voice information may be transmitted to or from vehicles or
2-15 personnel.
2-16 (10) "Geographic Information System" means a system
2-17 necessary to map service boundaries, reflect annexations and other
2-18 feature changes, maintain master street address information,
2-19 validate and resolve database discrepancies, to project new
2-20 addresses and block ranges as an initial assignment or correction,
2-21 for ongoing issuance of new addresses, and for locator maps for
2-22 public agencies or private safety entities.
2-23 (11) "Addressing" means the assignment of a unique numerical
2-24 identifier on a specific roadway, whether public or private, to a
2-25 lot or structure or the assignment of block ranges to roadways for
3-1 the purpose of provision an easy and logical means of providing
3-2 services to those locations.
3-3 (12) "Intelligent Transportation System" means a system
3-4 whose purpose is to monitor traffic conditions, provide for the
3-5 efficient and effective management of public and private
3-6 transportation, and to assist in providing an effective response to
3-7 traffic or transportation incidents.
3-8 (13) "Communications system" means an integrated system
3-9 which may include, but is not limited to, a 9-1-1 system, Computer
3-10 Aided Dispatch, Voice Radio Communications, Mobile Data
3-11 Communications, Geographic Information System, and Intelligent
3-12 Transportation System whose purpose is to relay necessary
3-13 information to units or personnel responding to a citizen's request
3-14 for service.
3-15 (14) "Data processing services" means the provision of
3-16 computer hardware and software necessary for the operation of a
3-17 communications system or any other system maintained and operated
3-18 by a district and includes the analysis of any data stored or
3-19 generated by those systems and the compilation of reports as a
3-20 result of any such analysis.
3-21 (Section 777.002 - 777.100 reserved for expansion)
3-22 777.101. Short Title
3-23 This chapter may be cited as the Regional Communications
3-24 District Act.
3-25 777.102. Purpose
4-1 It is the purpose of this chapter to encourage units of local
4-2 government and other public agencies to develop and improve
4-3 emergency communication procedures and facilities in a manner that
4-4 makes possible the quick and coordinated response to citizens
4-5 seeking services. To this purpose the legislature finds that:
4-6 (1) it is in the public interest to provide a communications
4-7 system that allows for the coordination of public agency
4-8 operations;
4-9 (2) it is in the public interest for public agencies to
4-10 share and combine resources to develop and implement regional
4-11 solutions for common issues;
4-12 (3) there exist thousands of separate communications systems
4-13 in the state that inhibit the ability of public agencies to
4-14 communicate with one another;
4-15 (4) a dominant part of the state's population is located in
4-16 rapidly expanding metropolitan areas that generally cross the
4-17 boundary lines of local jurisdictions and often extend into two or
4-18 more counties;
4-19 (5) response to citizens calls for service often involve a
4-20 response by units or personnel from multiple agencies, frequently
4-21 from multiple jurisdictions; and
4-22 (6) the ability of public agencies to effectively and
4-23 efficiently respond to a citizen's request for service relies, in
4-24 large part, upon the ability of those public agencies to
4-25 communicate with one another
5-1 777.103. Definitions
5-2 In this chapter:
5-3 (1) "Board" means the board of managers of a district.
5-4 (2) "District" means a regional communication district
5-5 created under this chapter.
5-6 (3) "Principal municipality" means the municipality with the
5-7 largest population in a regional communications district created
5-8 under this chapter
5-9 (4) "Director" means the director of communications for
5-10 district
5-11 777.104. Application of Chapter
5-12 (a) This chapter applies to a county and the adjacent
5-13 territory described by Section 777.106 which has not created an
5-14 emergency communications district under Subchapter B, C or D,
5-15 Chapter 772, Health and Safety Code.
5-16 (b) This chapter does not affect the authority of a public
5-17 agency to operate under another law authorizing the creation of a
5-18 district in which 9-1-1 service or communications services are
5-19 provided.
5-20 777.105. Creation of District
5-21 (a) A regional communications district may be created under
5-22 this chapter by joint resolution of the county in which the
5-23 district is to be located and the principal municipality of the
5-24 county in which the district is to be located.
5-25 (b) If more than one county will be involved in the creation
6-1 of the district, then a regional communications district may be
6-2 created under this chapter by joint resolution of the counties in
6-3 which the district is to be created and the principal municipality
6-4 which will be within the district to be created.
6-5 777.106. Territory of District
6-6 (a) The territory of a district consists of:
6-7 (1) the territory of the county for which the district
6-8 is established; and
6-9 (2) for each municipality partially located in the
6-10 county for which the district is established, the territory of that
6-11 municipality located in another county.
6-12 (3) If a municipality that is part of a district
6-13 annexes territory that is not part of the district, the annexed
6-14 territory becomes part of the district.
6-15 (b) A public agency located in the county for which the
6-16 district is created or a public agency located in whole or part in
6-17 a county adjoining the county for which the district is created, by
6-18 resolution adopted by its governing body and approved by the board
6-19 of the district, may become part of the district and subject to its
6-20 benefits and requirements.
6-21 (c) A private safety entity located in the county for which
6-22 the district is created, or a private safety agency located in
6-23 whole or part in a county adjoining the count for which the
6-24 district is created, and which provides services in a county within
6-25 the territory of the district, by resolution adopted by its
7-1 governing body and approved by the board of the district, may
7-2 become part of the district and subject to its benefits and
7-3 requirements.
7-4 777.107. Board of Managers
7-5 (a) A district is governed by a board of managers.
7-6 (b) If a district is created under this chapter and contains
7-7 only one county and the principal municipality has a population
7-8 over 140,000, the board of managers shall consist of:
7-9 (1) two members appointed by the commissioners court
7-10 of the county in which the district is created;
7-11 (2) one member appointed by the commissioners court of
7-12 each other county in the district which becomes a participating
7-13 jurisdiction after the district was originally formed;
7-14 (3) two members appointed by the governing body of the
7-15 principal municipality;
7-16 (4) one member appointed by the governing body of the
7-17 second most populous municipality in the district which is a
7-18 participating jurisdiction;
7-19 (5) one member appointed jointly by all of the
7-20 municipalities other than the principal municipality and the second
7-21 most populous municipality that are participating jurisdictions;
7-22 (6) one member appointed jointly by the volunteer fire
7-23 departments and emergency services districts which are
7-24 participating jurisdictions, with the selection process coordinated
7-25 by the county fire marshal;
8-1 (7) one member appointed by the governing body of a
8-2 transit authority which is a participating jurisdiction;
8-3 (8) one member from a public agency not otherwise
8-4 represented on the board, if they are a participating jurisdiction
8-5 for purposes of providing all, or a portion of, an intelligent
8-6 transportation system;
8-7 (9) one member from a school district which is a
8-8 participating jurisdiction;
8-9 (a) if more than one school district is a
8-10 participating jurisdiction, then one member from the largest school
8-11 district and one member appointed jointly by the school districts
8-12 other than the largest school district;
8-13 (10) one or two member appointed by each participating
8-14 jurisdiction or by each group of participating jurisdictions as
8-15 provided under Subsection (n) of this section.
8-16 (c) If a district is created under this chapter and contains
8-17 only one county and the principal municipality does not have a
8-18 population over 140,000, the board of managers shall consist of:
8-19 (1) two members appointed by the commissioners court
8-20 of the county in which the district is created;
8-21 (2) one member appointed by the commissioners court of
8-22 each other county in the district which becomes a participating
8-23 jurisdiction after the district was originally formed;
8-24 (3) two members appointed jointly by all of the
8-25 municipalities in the district that are participating
9-1 jurisdictions;
9-2 (4) one member appointed jointly by the volunteer fire
9-3 departments and emergency services districts which are
9-4 participating jurisdictions, with the selection process coordinated
9-5 by the county fire marshal;
9-6 (5) one member appointed by the governing body of a
9-7 transit authority which is a participating jurisdiction;
9-8 (6) one member from a public agency not otherwise
9-9 represented on the board, if they are a participating jurisdiction
9-10 for purposes of providing all, or a portion of, an intelligent
9-11 transportation system;
9-12 (7) one member from a school district which is a
9-13 participating jurisdiction;
9-14 (a) if more than one school district is a
9-15 participating jurisdiction, then one member from the largest school
9-16 district and one member appointed jointly by the school districts
9-17 other than the largest school district;
9-18 (8) one member appointed by each participating
9-19 jurisdiction or by each group of participating jurisdictions as
9-20 provided under Subsection (n) of this section.
9-21 (d) If a district is created under this chapter and contains
9-22 more than one county when originally created and the principal
9-23 municipality has a population over 140,000, the board of managers
9-24 shall consist of:
9-25 (1) one member appointed by the commissioners court
10-1 each county in the district which is a participating jurisdiction;
10-2 (2) two members appointed by the governing body of the
10-3 principal municipality which is a participating jurisdiction;
10-4 (3) one member appointed by the governing body of the
10-5 second most populous municipality in the district which is a
10-6 participating jurisdiction;
10-7 (4) two members appointed jointly by all of the
10-8 municipalities other than the principal municipality and the second
10-9 most populous municipality that are participating jurisdictions;
10-10 (5) two members appointed jointly by the volunteer
10-11 fire departments and emergency services districts which are
10-12 participating jurisdictions, with the selection process coordinated
10-13 by the county fire marshal;
10-14 (6) one member appointed by the governing body of a
10-15 transit authority which is a participating jurisdiction;
10-16 (7) one member from a public agency not otherwise
10-17 represented on the board, if they are a participating jurisdiction
10-18 for purposes of providing all, or a portion of, an intelligent
10-19 transportation system;
10-20 (8) one member from a school district which is a
10-21 participating jurisdiction;
10-22 (a) if more than one school district is a
10-23 participating jurisdiction, then one member from the largest school
10-24 district and one member appointed jointly by the school districts
10-25 other than the largest school district;
11-1 (9) one member appointed by each participating
11-2 jurisdiction or by each group of participating jurisdictions as
11-3 provided under Subsection (n) of this section.
11-4 (e) If a district is created under this chapter and contains
11-5 more than one county when originally created and the principal
11-6 municipality does not have a population over 140,000, the board of
11-7 managers shall consist of:
11-8 (1) one member appointed by the commissioners court of
11-9 each county in the district which is a participating jurisdiction;
11-10 (2) two members appointed jointly by all of the
11-11 municipalities in the district that are participating
11-12 jurisdictions;
11-13 (3) two members appointed jointly by the volunteer
11-14 fire departments and emergency services districts which are
11-15 participating jurisdictions, with the selection process coordinated
11-16 by the county fire marshal;
11-17 (4) one member appointed by the governing body of a
11-18 transit authority which is a participating jurisdiction;
11-19 (5) one member from a public agency not otherwise
11-20 represented on the board, if they are a participating jurisdiction
11-21 for purposes of providing all, or a portion of, an intelligent
11-22 transportation system;
11-23 (6) one member from a school district which is a
11-24 participating jurisdiction;
11-25 (a) if more than one school district is a
12-1 participating jurisdiction, then one member from the largest school
12-2 district and one member appointed jointly by the school districts
12-3 other than the largest school district;
12-4 (7) one member appointed by each participating
12-5 jurisdiction or by each group of participating jurisdictions as
12-6 provided under Subsection (n) of this section.
12-7 (f) Board members are appointed for staggered terms of two
12-8 years, with one-half of the members' terms expiring each year.
12-9 (g) A board member may be removed from office at will by the
12-10 entity that appointed the member.
12-11 (h) A vacancy on the board shall be filled for the remainder
12-12 of the term in the manner provided for the original appointment to
12-13 that position.
12-14 (i) Board members serve without compensation. The district
12-15 shall pay all expenses necessarily incurred by the board in
12-16 performing its functions under this chapter.
12-17 (j) The board may appoint from among its membership a
12-18 presiding officer and any other officers it considers necessary.
12-19 (k) The director of the district or a board member may be
12-20 appointed as secretary of the board. The board shall require the
12-21 secretary to keep suitable records of all proceedings of each board
12-22 meeting. After each meeting the presiding officer or other member
12-23 presiding at the meeting shall read and sign the record and the
12-24 secretary shall attest the record.
12-25 (l) A majority of the voting members of the board
13-1 constitutes a quorum.
13-2 (m) Voting members of the board may meet in executive
13-3 session in accordance with Chapter 551, Government Code.
13-4 (n) The representation and number of members of the
13-5 governing board for each participating jurisdiction may be amended
13-6 or altered upon approval of the board and after presentation and
13-7 approval by:
13-8 (1) commissioners court of the county or counties in which
13-9 the district is located;
13-10 (2) the governing body of the primary municipality located
13-11 in the county in which the district was created; and
13-12 (3) a majority of the governing bodies of each participating
13-13 public agency.
13-14 (o) If the representation and number of members of the
13-15 governing board is amended or altered as provided by subsection
13-16 (1), then it is expressly provided that no one public agency may
13-17 have a representation on the governing board greater than
13-18 twenty-five percent of the total number of members of the board,
13-19 unless the number of participating jurisdictions is fewer then
13-20 four, in which case the members of the governing board shall be
13-21 equally distributed among the participating jurisdictions.
13-22 777.108. Powers and Duties of Board
13-23 (a) The board shall name, control, and manage the district.
13-24 (b) The board may adopt rules for the operation of the
13-25 district.
14-1 (c) The board may contract with any public or private entity
14-2 to carry out the purposes of this chapter.
14-3 777.109. Director of District
14-4 (a) The board shall appoint a director of communications for
14-5 the district and shall establish the director's compensation. The
14-6 director must be qualified by training and experience for the
14-7 position.
14-8 (b) The board may remove the director at any time.
14-9 (c) With the board's approval, the director may employ any
14-10 experts, employees, or consultants that the board considers
14-11 necessary to carry out the purposes of this chapter.
14-12 (d) The director shall perform all duties that the board
14-13 requires and shall supervise as general manager the operations of
14-14 the district subject to any limitations prescribed by the board.
14-15 777.110. Budget; Annual Report; Audit
14-16 (a) The director shall prepare under the direction of the
14-17 board an annual budget for the district. To be effective, the
14-18 budget must:
14-19 (1) be approved by the board;
14-20 (2) be presented to and approved by the commissioners court
14-21 of each county in the district which is a participating
14-22 jurisdiction;
14-23 (3) be presented to and approved by the governing body of
14-24 the most populous municipality in the district; and
14-25 (4) be presented to the governing body of each other
15-1 participating jurisdiction and approved by a majority of those
15-2 jurisdictions.
15-3 (b) A revision of the budget must be approved in the same
15-4 manner as the budget.
15-5 (c) As soon as practicable after the end of each district
15-6 fiscal year, the director shall prepare and present to the board
15-7 and to each participating jurisdiction in writing a sworn statement
15-8 of all money received by the district and how the money was used
15-9 during the preceding fiscal year. The report must show in detail
15-10 the operations of the district for the fiscal year covered by the
15-11 report.
15-12 (d) The board shall have an independent financial audit of
15-13 the district performed annually.
15-14 777.111. Powers of District
15-15 (a) The district is a body corporate and politic, exercising
15-16 public and essential governmental functions and having all the
15-17 powers necessary or convenient to carry out the purposes and
15-18 provisions of this chapter, including the capacity to sue or be
15-19 sued.
15-20 (b) To fund the district, the district may apply for,
15-21 accept, and receive federal, state, county, or municipal funds and
15-22 private funds and may spend those funds for the purposes of this
15-23 chapter. The board shall determine the method and sources of
15-24 funding for the district.
15-25 (c) The district may provide, by contract, communications
16-1 system service, data processing services, or other services to
16-2 participating jurisdictions upon approval of the board.
16-3 (d) The district may provide, by contract, communications
16-4 services, data processing services, or other services to
16-5 non-participating agencies or entities, upon approval of the board,
16-6 but only if such provision of contractual services does not have an
16-7 adverse impact upon the operations of participating jurisdictions.
16-8 777.112. Transfer of Assets or Real Property to a District
16-9 (a) Upon becoming a participating jurisdiction in a district
16-10 created under this chapter, a participating jurisdiction may
16-11 transfer any real property or other assets to the district which
16-12 are owned by the participating jurisdiction. Any such properties
16-13 transferred shall become the property of the district upon
16-14 acceptance by the board.
16-15 (b) The board may consider the value of any assets or real
16-16 property transferred to the district in determining any usage,
16-17 service, or maintenance fees applicable the participating
16-18 jurisdiction which transferred the assets or real property for its
16-19 use of the services, facilities, or equipment of the district.
16-20 777.113. Participation in Regional Plan for the Provision of 9-1-1
16-21 Services
16-22 (a) If the district provides communications system services
16-23 for public safety agencies, then the district shall participate in
16-24 a regional plan developed by the regional planning commission in
16-25 which the district is located for the provision of 9-1-1 services
17-1 as provided in Chapter 37, Subchapter B, Section 771.
17-2 777.114. District Depository
17-3 (a) The board shall select a depository for the district in
17-4 the manner provided by law for the selection of a county
17-5 depository.
17-6 (b) A depository selected by the board is the district's
17-7 depository for two years after the date of its selection and until
17-8 a successor depository is selected and qualified.
17-9 777.115. Allowable Expenses
17-10 Allowable operating expenses of a district include all costs
17-11 attributable to designing, constructing, implementing, and
17-12 maintaining an integrated communications system which includes, but
17-13 is not limited to 9-1-1 systems, voice communications, mobile data
17-14 communications, geographic information systems, intelligent
17-15 transportation systems, and data processing service, and to all
17-16 equipment and personnel necessary to establish and operate such a
17-17 communications system and any other related systems or subsystems
17-18 that the board considers necessary.
17-19 777.116. Public Review
17-20 (a) Periodically, the board shall solicit public comments
17-21 and hold a public review hearing on the continuation of the
17-22 district. The first hearing shall be held three years after the
17-23 date the order certifying the creation of the district is filed
17-24 with the county clerk. Subsequent hearings shall be held three
17-25 years after the date each order required by Subsection (c) is
18-1 adopted.
18-2 (b) The board shall publish notice of the time and place of
18-3 the hearing once a week for two consecutive weeks in a daily
18-4 newspaper of general circulation published in the district. The
18-5 first notice must be published not later than the 16th day before
18-6 the date set for the hearing.
18-7 (c) After the hearing, the board shall adopt an order on the
18-8 continuation or dissolution of the district.
18-9 777.117. Dissolution Procedures
18-10 (a) If a district is dissolved, the communications system
18-11 may be continued beyond the date of the dissolution as provided in
18-12 subsection (d).
18-13 (b) The commissioners court of the county in which principal
18-14 municipality is located and the principal municipality of the
18-15 district shall jointly assume the assets of the district and pay
18-16 the district's debts. If the district's assets are insufficient to
18-17 retire all existing debts of the district on the date of
18-18 dissolution, the commissioners court and the principal municipality
18-19 of the district shall jointly devise a plan for retiring the
18-20 remaining debts of the district. Any funding mechanism determined
18-21 for retiring the debts of the district may be used only to retire
18-22 the outstanding debts of the district.
18-23 (c) The commissioners court and the principal municipality
18-24 shall retire the district's debts to the extent practicable
18-25 according to the terms of the instruments creating the debts and
19-1 the terms of the orders and resolutions authorizing creation of the
19-2 debts.
19-3 (d) The commissioners court and the principal municipality
19-4 shall jointly assume management responsibility for the district and
19-5 shall continue the operation of the communications system until
19-6 such time as they are able to jointly determine another acceptable
19-7 solution for the provision of communications system services for
19-8 public safety agencies who were being provided such services by the
19-9 district.
19-10 (e) The commissioners court and the principal municipality
19-11 by joint order may adopt the rules necessary to administer this
19-12 section.
19-13 777.118. Issuance of Bonds
19-14 The board may issue and sell bonds in the name of the
19-15 district to finance:
19-16 (1) the acquisition by any method of facilities,
19-17 equipment, or supplies necessary for the district to begin,
19-18 maintain, or improve communications system services and data
19-19 processing services; or
19-20 (2) the installation of equipment necessary for the
19-21 district to begin providing, continue provision, or improve
19-22 provision of communications system services and data processing
19-23 services to all participating jurisdictions.
19-24 777.119. Repayment of Bonds
19-25 The board may provide for the payment of principal of and
20-1 interest on the bonds by pledging all or any part of the district's
20-2 revenues from any sources.
20-3 777.120. Additional Security for Bonds
20-4 (a) The bonds may be additionally secured by a deed of trust
20-5 or mortgage lien on part or all of the physical properties of the
20-6 district and rights appurtenant to those properties, vesting in the
20-7 trustee power to sell the properties for payment of the
20-8 indebtedness, power to operate the properties, and all other powers
20-9 necessary for the further security of the bonds.
20-10 (b) The trust indenture, regardless of the existence of the
20-11 deed of trust or mortgage lien on the properties, may contain
20-12 provisions prescribed by the board for the security of the bonds
20-13 and the preservation of the trust estate, may make provisions for
20-14 amendment or modification, and may make provisions for investment
20-15 of funds of the district. (c) A purchaser under a sale under may
20-16 maintain and operate them.
20-17 777.121. Form of Bonds
20-18 (a) A district may issue its bonds in various series or
20-19 issues.
20-20 (b) Bonds may mature serially or otherwise not more than 25
20-21 years after their date of issue and shall bear interest at any rate
20-22 permitted by state law.
20-23 (c) A district's bonds and interest coupons, if any, are
20-24 investment securities under the terms of Chapter 8, Business &
20-25 Commerce Code, may be issued registrable as to principal or as to
21-1 both principal and interest, and may be made redeemable before
21-2 maturity, at the option of the district, or contain a mandatory
21-3 redemption provision.
21-4 (d) A district may issue its bonds in the form,
21-5 denominations, and manner and under the terms, and the bonds shall
21-6 be signed and executed, as provided by the board in the resolution
21-7 or order authorizing their issuance.
21-8 777.122. Provisions of Bonds
21-9 (a) In the orders or resolutions authorizing the issuance of
21-10 bonds, including refunding bonds, the board may provide for the
21-11 flow of funds and the establishment and maintenance of the interest
21-12 and sinking fund, the reserve fund, and other funds, and may make
21-13 additional covenants with respect to the bonds, the pledged
21-14 revenues, and the operation and maintenance of any facilities the
21-15 revenue of which is pledged.
21-16 (b) The orders or resolutions of the board authorizing the
21-17 issuance of bonds may also prohibit the further issuance of bonds
21-18 or other obligations payable from the pledged revenue or may
21-19 reserve the right to issue additional bonds to be secured by a
21-20 pledge of and payable from the revenue on a parity with or
21-21 subordinate to the lien and pledge in support of the bonds being
21-22 issued.
21-23 (c) The orders or resolutions of the board issuing bonds may
21-24 contain other provisions and covenants as the board may determine.
21-25 (d) The board may adopt and have executed any other
22-1 proceedings or instruments
22-2 777.123. Approval and Registration of Bonds
22-3 (a) Bonds issued by a district must be submitted to the
22-4 attorney general for examination.
22-5 (b) If the attorney general finds that the bonds have been
22-6 authorized in accordance with law, the attorney general shall
22-7 approve them. On approval by the attorney general, the comptroller
22-8 shall register the bonds.
22-9 (c) After the approval and registration of bonds, the bonds
22-10 are incontestable in any court or other forum for any reason and
22-11 are valid and binding obligations in accordance with their terms
22-12 for all purposes.
22-13 777.124. Refunding Bonds
22-14 (a) A district may issue bonds to refund all or any part of
22-15 its outstanding bonds, including matured but unpaid interest
22-16 coupons.
22-17 (b) Refunding bonds shall mature serially or otherwise not
22-18 more than 25 years after their date of issue and shall bear
22-19 interest at any rate or rates permitted by state law.
22-20 (c) Refunding bonds may be payable from the same source as
22-21 the bonds being refunded or from other sources.
22-22 (d) The refunding bonds must be approved by the attorney
22-23 general in the same manner as the district's other bonds and shall
22-24 be registered by the comptroller on the surrender and cancellation
22-25 of the bonds being refunded.
23-1 (e) The orders or resolutions authorizing the issuance of
23-2 the refunding bonds may provide that they be sold and the proceeds
23-3 deposited in the place or places at which the bonds being refunded
23-4 are payable, in which case the refunding bonds may be issued before
23-5 the cancellation of the bonds being refunded. If refunding bonds
23-6 are issued before cancellation of the other bonds, an amount
23-7 sufficient to pay the principal of the bonds being refunded and
23-8 interest on those bonds accruing to their maturity dates or to
23-9 their option dates if the bonds have been duly called for payment
23-10 before maturity according to their terms shall be deposited in the
23-11 place or places at which the bonds being refunded are payable. The
23-12 comptroller shall register the refunding bonds without the
23-13 surrender and cancellation of bonds being refunded.
23-14 (f) A refunding may be accomplished in one or in several
23-15 installment deliveries.
23-16 Refunding bonds and their interest coupons are investment
23-17 securities under Chapter 8, Business & Commerce Code.
23-18 (g) In lieu of the method set forth in Subsections (a)-(f),
23-19 a district may refund bonds, notes, or other obligations as
23-20 provided by the general laws of the state.
23-21 777.125. BONDS AS INVESTMENTS AND SECURITY FOR DEPOSITS
23-22 (a) District bonds are legal and authorized
23-23 investments for:
23-24 (1) a bank;
23-25 (2) a savings bank;
24-1 (3) a trust company;
24-2 (4) a savings and loan association;
24-3 (5) an insurance company;
24-4 (6) a fiduciary;
24-5 (7) a trustee;
24-6 (8) a guardian; and
24-7 (9) a sinking fund of a municipality, county, school
24-8 district, and other political subdivision of the state and other
24-9 public funds of the state and its agencies, including the permanent
24-10 school fund.
24-11 (b) District bonds are eligible to secure deposits of public
24-12 funds of the state and municipalities, counties, school districts,
24-13 and other political subdivisions of the state. The bonds are
24-14 lawful and sufficient security for deposits to the extent of their
24-15 value when accompanied by all unmatured coupons.
24-16 777.126. Tax Status of Bonds
24-17 Because a district created under this chapter is a public
24-18 entity performing an essential public function, bonds issued by the
24-19 district, any transaction relating to the bonds, and profits made
24-20 in the sale of the bonds are exempt from taxation by the state or
24-21 by any municipality, county, special district, or other political
24-22 subdivision of the state.
24-23 SECTION 2. Section 771.001, Health and Safety Code is
24-24 amended by adding subsection (10) to read as follows:
24-25 (10) "Regional communications district" means a
25-1 district created under Chapter 777, Health and Safety Code
25-2 SECTION 3. Section 771.054, Health and Safety Code is
25-3 amended to read as follows:
25-4 Sec. 771.054. EFFECT OF CHAPTER ON EMERGENCY COMMUNICATIONS
25-5 DISTRICTS AND REGIONAL COMMUNICATIONS DISTRICTS. Except as
25-6 expressly provided by this chapter, this chapter does not affect
25-7 the existence or operation of an emergency communications district
25-8 or a regional communications district or prevent the addition of
25-9 territory to the area served by an emergency communications
25-10 district or regional communications district as provided by law.
25-11 SECTION 4. Section 771.055, Health and Safety Code is
25-12 amended to read as follows:
25-13 (b) The plan must include a description of how the service
25-14 is to be administered. The service may be administered by an
25-15 emergency communications district, regional communications
25-16 district, municipality, or county, by a combination formed by
25-17 interlocal contract, or by other appropriate means as determined by
25-18 the regional planning commission. In a region in which one or more
25-19 emergency communications districts or regional communications
25-20 districts exist, a preference shall be given to administration by
25-21 those districts and expansion of the area served by those
25-22 districts.
25-23 (d) In a region in which one or more emergency
25-24 communications districts or regional communications districts
25-25 exist, if a district chooses to participate in the plan, the
26-1 district shall assist in the development of the plan.
26-2 SECTION 5. This Act takes effect on September 1, 1997.
26-3 SECTION 6. The importance of this legislation and the
26-4 crowded condition of the calendars in both houses create an
26-5 emergency and an imperative public necessity that the
26-6 constitutional rule requiring bills to be read on three several
26-7 days in each house be suspended, and this rule is hereby suspended.