SRC-ARR H.B. 1984 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1984
76R6901 JJT-DBy: Bosse (Madla)
Economic Development
5/9/1999
Engrossed


DIGEST 

Emergency communication districts are authorized under Chapter 772, Health
and Safety Code, to permit Texas counties to create special districts to
collect state-authorized fees on telephone service and provide 9-1-1
emergency communication. Currently, 24 districts provide service to 29
counties. These districts are overseen by independent governing boards that
exist only to provide 9-1-1 services, but they are not overseen by the
Advisory Commission on State Emergency Communications, which manages the
state's 9-1-1 system. H.B. 1984 would authorize the consolidation of
emergency communication districts.  

PURPOSE

As proposed, H.B. 1984 authorizes the consolidation of emergency
communication districts. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 771.001(3), Health and Safety Code, to redefine
"emergency communication district." 

SECTION 2. Amends Chapter 772, Health and Safety Code, by adding Subchapter
F, as follows: 

SUBCHAPTER F. CONSOLIDATION DISTRICTS

Sec. 772.451. CONSOLIDATION PROCEDURE. Authorizes two or more emergency
communication districts (district) governed by this chapter to consolidate
into a single district as provided by this section. Authorizes the board of
managers (board) of each district to call and hold an election in the
district's participating jurisdiction to approve the consolidation, if the
board of each district to be consolidated finds that the consolidation of
the districts would benefit the participating jurisdiction of the district.
Requires the election in each district to be held on the same uniform
election date provided by Chapter 41, Election Code. Requires each district
to pay the election expenses for its participating jurisdictions. Requires
the ballot for the election to approve the consolidation to be printed to
permit voting for or against the proposition that the district may
consolidate with other named districts.  

Sec. 772.452. CONSOLIDATION PLANNING. Authorizes the board to conduct a
planning meeting with the boards of other districts whose voters have
approved the consolidation. Requires the meeting to be a public meeting.
Requires the boards to devise a consolidation plan to take certain actions.
Prohibits a consolidation district from being created until certain actions
are taken, if a consolidated district is not created under Section 772.453
before the first anniversary of the date of the election held under Section
772.451.  

Sec. 772.453. CREATION OF CONSOLIDATION DISTRICT. Requires the combined
boards to declare the consolidation district created, when the board of
each district has adopted the same consolidation plan. Authorizes the
remaining districts to consolidate on the terms of a mutually agreeable
consolidation plan, if the board of a district does not agree to a
consolidation plan.  

 Sec. 772.454. BOARD OF MANAGERS. Provides that the consolidated district
is governed by a board appointed in accordance with the order issued by the
temporary board under Subsection (b). Provides that the members of the
boards of all the districts consolidated serve as a temporary board until
all members of the initial board of managers are appointed and qualify.
Provides that the temporary board has all authority necessary to operate
and administer the district. Requires the temporary board by order to
adjust the membership of the board. Requires the order to be substantially
in accordance with the consolidation plan and to specify certain items.
Requires the order to be issued under Subsection (b) to preserve as nearly
as possible the proportional representation of interest exhibited by the
memberships of the boards of the several districts before consolidation.  

Sec. 772.455. GOVERNANCE OF CONSOLIDATED DISTRICT. Provides that the
consolidated district and its board are governed by the provisions of this
chapter that governed the most populous of the districts before the
consolidation, except as provided by this subchapter. 

SECTION 3. Emergency clause.
                       Effective date: upon passage.