SRC-PNG S.B. 1442 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1442
76R5343 CMR-DBy: Barrientos
Intergovernmental Relations
4/26/1999
As Filed


DIGEST 

Currently, under Texas law, it is unclear how an area opts out of an
emergency services district. Some municipalities in an emergency services
district are not contiguous to the district and might be better served by
being able to remove their territory from the district and contract with
another municipality for emergency services.  This bill would provide for
the removal of certain municipalities surrounded by larger cities to
withdraw from emergency services districts in order to contract with
another emergency service district. 

PURPOSE

As proposed, S.B. 1442 authorizes certain municipalities surrounded by
larger cities to withdraw from emergency services districts in order to
contract with another emergency service district. 

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 Chapter 775B, Health and Safety Code, by adding Section
775.0235, as follows: 

Sec.  775.0235.  REMOVAL OF CERTAIN TERRITORY ON REQUEST OF MUNICIPALITY.
Requires the board of emergency services commissioners (board) to remove
territory from an emergency services district (district) on request of a
municipality if the territory meets certain criteria.  Requires the board,
on request of the municipality, to immediately disannex the territory from
the district and cease to provide further services to the residents of that
territory.  Requires the board to immediately disannex all territory in the
district that is included in the municipality's extraterritorial
jurisdiction and cease to provide further services to the residents of such
additional territory, on request by the municipality, in connection with a
disannexation under Subsection (b).  Provides that the disannexation of
territory under this section does not diminish or impair the rights of the
holders of any outstanding and unpaid bonds, warrants, or other obligations
of the district.  Requires the municipality to compensate the district in
an amount equal to the disannexed territory's pro rata share of the
district's indebtedness at the time the territory is disannexed.  Requires
the municipality to apply compensation received from a municipality under
this subsection exclusively to the payment of the disannexed territory's
pro rata share of the district's indebtedness.  Requires a municipality to
purchase from the district at fair market value any real or personal
property used to provide emergency services in territory disannexed under
this section, on the district's request.  Provides that if any part of the
indebtedness for which the district receives compensation under Subsection
(e) was for the purchase of the real or personal property that the
municipality purchases under this subsection, the fair market value of that
property for the purpose of this subsection is reduced by a percentage
equal to the disannexed territory's pro rata share under Subsection (e). 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.