SRC-DBM S.B. 768 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 768
76R6901  JJT-DBy: Madla
Economic Development
4/26/1999
As Filed


DIGEST 

Currently, 24 emergency communication districts provide 911 service to 29
Texas counties.  These districts are overseen by independent governing
boards that exist for the sole purpose of providing 911 service.  Districts
are not overseen by the Advisory Commission on State Emergency
Communications which manages the state's 911 system;  they do not receive
funding from the state's emergency services fee, but are eligible to
receive equalization grants from the state's surcharge on intra-state long
distance calls;  they receive funds from the portion of the state's
wireless communications connections fee that is collected in their
jurisdiction; and they may assess fees on basic telephone service.  S.B.
768 would authorize the consolidation of emergency communication districts
which would benefit the participating jurisdictions.      

PURPOSE

As proposed, S.B. 768 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" and to make a confirming change. 

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

SUBCHAPTER F.  CONSOLIDATED DISTRICTS

Sec. 772.451.  CONSOLIDATION PROCEDURE.  Authorizes two or more emergency
communication districts governed by this chapter to be consolidated into a
single district. Authorizes the board of managers of each district (board)
to call and hold an election in the district's participating jurisdictions
to approve a consolidation if the board to be consolidated finds that a
consolidation of districts would benefit the participating jurisdictions.
Requires elections 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 of its participating jurisdictions.  Requires the
election ballot for the approval of a district being authorized to
consolidate with other named districts to permit voting for or against the
proposition. 

Sec. 772.452.  CONSOLIDATION PLANNING.  Requires the board to conduct a
planning meeting with the boards of managers of other districts whose
voters have approved a consolidation if a majority of voters voting at the
election approve the consolidation.  Requires the planning meeting to be a
public meeting.  Requires the board of managers to devise a consolidation
plan which includes certain information at the planning meeting.  Prohibits
a consolidated district from being created until certain conditions are met
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 CONSOLIDATED DISTRICT.  Requires the combined
boards of managers to declare the consolidated district created when the
board has adopted the same consolidation plan.  Authorizes remaining
districts to consolidate on mutually agreeable  consolidation plan terms if
the board of managers 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 of managers appointed in accordance with the order
issued by the temporary board of managers under Subsection (b).  Provides
that the members of the boards of managers from all consolidated districts
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 of managers, by order, to adjust the board membership
before the 45th day after the date the district is created. Sets forth the
required information to be included in the order.  Requires the order
issued under Subsection (b) to preserve as nearly as possible the
proportional representation of interests exhibited by the boards of
managers memberships of several districts before consolidation. 

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

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