1-1 AN ACT
1-2 relating to the consolidation of emergency communication districts
1-3 and to the approval of proposed budgets of certain emergency
1-4 communication districts.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 771.001(3), Health and Safety Code, is
1-7 amended to read as follows:
1-8 (3) "Emergency communication district" means:
1-9 (A) a public agency or group of public agencies
1-10 acting jointly that provided 9-1-1 service before September 1,
1-11 1987, or that had voted or contracted before that date to provide
1-12 that service; or
1-13 (B) a district created under Subchapter B, C,
1-14 [or] D, or F, Chapter 772.
1-15 SECTION 2. Sections 772.309(b), (c), and (d), Health and
1-16 Safety Code, are amended to read as follows:
1-17 (b) The board shall submit a draft of the proposed budget to
1-18 the governing bodies of the participating jurisdictions not later
1-19 than the 45th day before the date the board adopts the budget. The
1-20 participating jurisdictions shall review the proposed budget and
1-21 submit any comments regarding the budget to the board.
1-22 (c) If the governing body of a county, municipality, or
1-23 other participating jurisdiction does not approve or disapprove the
1-24 budget before the 61st day after the date the body received the
2-1 proposed budget for review, the budget is approved by operation of
2-2 law.
2-3 (d) A revision of the budget must be approved in the same
2-4 manner as the budget.
2-5 (e) [(c)] As soon as practicable after the end of each
2-6 district fiscal year, the director shall prepare and present to the
2-7 board and to each participating jurisdiction in writing a sworn
2-8 statement of all money received by the district and how the money
2-9 was used during the preceding fiscal year. The report must show in
2-10 detail the operations of the district for the fiscal year covered
2-11 by the report.
2-12 (f) [(d)] The board shall have an independent financial
2-13 audit of the district performed annually.
2-14 SECTION 3. Chapter 772, Health and Safety Code, is amended
2-15 by adding Subchapter F to read as follows:
2-16 SUBCHAPTER F. CONSOLIDATED DISTRICTS
2-17 Sec. 772.451. CONSOLIDATION PROCEDURE. (a) Two or more
2-18 districts governed by this chapter may consolidate into a single
2-19 district as provided by this section.
2-20 (b) If the board of managers of each district to be
2-21 consolidated finds that the consolidation of the districts would
2-22 benefit the participating jurisdictions of the district, the board
2-23 may call and hold an election in the district's participating
2-24 jurisdictions to approve the consolidation.
2-25 (c) The election in each district must be held on the same
2-26 uniform election date provided by Chapter 41, Election Code.
2-27 (d) Each district shall pay the election expenses for its
3-1 participating jurisdictions.
3-2 (e) The ballot for the election to approve the consolidation
3-3 must be printed to permit voting for or against the proposition
3-4 that the district may consolidate with other named districts.
3-5 Sec. 772.452. CONSOLIDATION PLANNING. (a) If a majority of
3-6 the voters voting at the election approve the consolidation, the
3-7 board of managers of the district shall conduct a planning meeting
3-8 with the boards of managers of the other districts whose voters
3-9 have approved the consolidation.
3-10 (b) The meeting must be a public meeting. At the meeting,
3-11 the boards of managers shall devise a consolidation plan to:
3-12 (1) combine the debts and assets of the districts;
3-13 (2) pay outstanding bonds of the districts and issue
3-14 refunding bonds as necessary to pay the bonds;
3-15 (3) impose a uniform 9-1-1 emergency service fee; and
3-16 (4) adjust the membership and qualifications of the
3-17 board of managers of the consolidated district.
3-18 (c) If a consolidated district is not created under Section
3-19 772.453 before the first anniversary of the date of the election
3-20 held under Section 772.451, a consolidated district may not be
3-21 created until:
3-22 (1) the districts make another finding that the
3-23 consolidation would benefit the participating jurisdictions; and
3-24 (2) the consolidation is approved at another election
3-25 held under Section 772.451.
3-26 Sec. 772.453. CREATION OF CONSOLIDATED DISTRICT. (a) When
3-27 the board of managers of each district has adopted the same
4-1 consolidation plan, the combined boards of managers shall declare
4-2 the consolidated district created.
4-3 (b) If the board of managers of a district does not agree to
4-4 a consolidation plan, the remaining districts may consolidate on
4-5 the terms of a mutually agreeable consolidation plan.
4-6 Sec. 772.454. BOARD OF MANAGERS. (a) The consolidated
4-7 district is governed by a board of managers appointed in accordance
4-8 with the order issued by the temporary board of managers under
4-9 Subsection (b). The members of the boards of managers of all the
4-10 districts consolidated serve as a temporary board until all members
4-11 of the initial board of managers are appointed and qualify. The
4-12 temporary board has all authority necessary to operate and
4-13 administer the district.
4-14 (b) Before the 45th day after the date the district is
4-15 created, the temporary board of managers by order shall adjust the
4-16 membership of the board. The order must be substantially in
4-17 accordance with the consolidation plan and must specify:
4-18 (1) the number of members of the board;
4-19 (2) the entity or combination of entities that
4-20 appoints each member;
4-21 (3) whether each member may or may not vote; and
4-22 (4) the term of each member of the initial board so
4-23 that as near to one-half of the members as is practical serve terms
4-24 that expire in even-numbered years and the remaining members serve
4-25 terms that expire in odd-numbered years.
4-26 (c) The order issued under Subsection (b) must preserve as
4-27 nearly as possible the proportional representation of interests
5-1 exhibited by the memberships of the boards of managers of the
5-2 several districts before consolidation.
5-3 Sec. 772.455. GOVERNANCE OF CONSOLIDATED DISTRICT. The
5-4 consolidated district and its board of managers are governed by the
5-5 provisions of this chapter that governed the most populous of the
5-6 districts before the consolidation, except as provided by this
5-7 subchapter.
5-8 SECTION 4. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended,
5-13 and that this Act take effect and be in force from and after its
5-14 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1984 was passed by the House on April
28, 1999, by the following vote: Yeas 147, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1984 on May 29, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1984 was passed by the Senate, with
amendments, on May 24, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor