By Bosse                                              H.B. No. 1984
         76R6901 JJT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the consolidation of emergency communication districts.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 771.001(3), Health and Safety Code, is
 1-5     amended to read as follows:
 1-6                 (3)  "Emergency communication district" means:
 1-7                       (A)  a public agency or group of public agencies
 1-8     acting jointly that provided 9-1-1 service before September 1,
 1-9     1987, or that had voted or contracted before that date to provide
1-10     that service; or
1-11                       (B)  a district created under Subchapter B, C,
1-12     [or] D, or F, Chapter 772.
1-13           SECTION 2.  Chapter 772, Health and Safety Code, is amended
1-14     by adding Subchapter F to read as follows:
1-15                    SUBCHAPTER F.  CONSOLIDATED DISTRICTS
1-16           Sec. 772.451.  CONSOLIDATION PROCEDURE.  (a)  Two or more
1-17     districts governed by this chapter may consolidate into a single
1-18     district as provided by this section.
1-19           (b)  If the board of managers of each district to be
1-20     consolidated finds that the consolidation of the districts would
1-21     benefit the participating jurisdictions of the district, the board
1-22     may call and hold an election in the district's participating
1-23     jurisdictions to approve the consolidation.
1-24           (c)  The election in each district must be held on the same
 2-1     uniform election date provided by Chapter 41, Election Code.
 2-2           (d)  Each district shall pay the election expenses for its
 2-3     participating jurisdictions.
 2-4           (e)  The ballot for the election to approve the consolidation
 2-5     must be printed to permit voting for or against the proposition
 2-6     that the district may consolidate with other named districts.
 2-7           Sec. 772.452.  CONSOLIDATION PLANNING.  (a)  If a majority of
 2-8     the voters voting at the election approve the consolidation, the
 2-9     board of managers of the district shall conduct a planning meeting
2-10     with the boards of managers of the other districts whose voters
2-11     have approved the consolidation.
2-12           (b)  The meeting must be a public meeting. At the meeting,
2-13     the boards of managers shall devise a consolidation plan to:
2-14                 (1)  combine the debts and assets of the districts;
2-15                 (2)  pay outstanding bonds of the districts and issue
2-16     refunding bonds as necessary to pay the bonds;
2-17                 (3)  impose a uniform 9-1-1 emergency service fee; and
2-18                 (4)  adjust the membership and qualifications of the
2-19     board of managers of the consolidated district.
2-20           (c)  If a consolidated district is not created under Section
2-21     772.453 before the first anniversary of the date of the election
2-22     held under Section 772.451, a consolidated district may not be
2-23     created until:
2-24                 (1)  the districts make another finding that the
2-25     consolidation would benefit the participating jurisdictions; and
2-26                 (2)  the consolidation is approved at another election
2-27     held under Section 772.451.
 3-1           Sec. 772.453.  CREATION OF CONSOLIDATED DISTRICT.  (a)  When
 3-2     the board of managers of each district has adopted the same
 3-3     consolidation plan, the combined boards of managers shall declare
 3-4     the consolidated district created.
 3-5           (b)  If the board of managers of a district does not agree to
 3-6     a consolidation plan, the remaining districts may consolidate on
 3-7     the terms of a mutually agreeable consolidation plan.
 3-8           Sec. 772.454.  BOARD OF MANAGERS.  (a)  The consolidated
 3-9     district is governed by a board of managers appointed in accordance
3-10     with the order issued by the temporary board of managers under
3-11     Subsection (b).  The  members of the boards of managers of all the
3-12     districts consolidated serve as a temporary board until all members
3-13     of the initial board of managers are appointed and qualify.  The
3-14     temporary board has all authority necessary to operate and
3-15     administer the district.
3-16           (b)  Before the 45th day after the date the district is
3-17     created, the temporary board of managers by order shall adjust the
3-18     membership of the board.  The order must be substantially in
3-19     accordance with the consolidation plan and must specify:
3-20                 (1)  the number of members of the board;
3-21                 (2)  the entity or combination of entities that
3-22     appoints each member;
3-23                 (3)  whether each member may or may not vote; and
3-24                 (4)  the term of each member of the initial board so
3-25     that as near to one-half of the members as is practical serve terms
3-26     that expire in even-numbered years and the remaining members serve
3-27     terms that expire in odd-numbered years.
 4-1           (c)  The order issued under Subsection (b) must preserve as
 4-2     nearly as possible the proportional representation of interests
 4-3     exhibited by the memberships of the boards of managers of the
 4-4     several districts before consolidation.
 4-5           Sec. 772.455.  GOVERNANCE OF CONSOLIDATED DISTRICT.  The
 4-6     consolidated district and its board of managers are governed by the
 4-7     provisions of this chapter that governed the most populous of the
 4-8     districts before the consolidation, except as provided by this
 4-9     subchapter.
4-10           SECTION 3.  The importance of this legislation and the
4-11     crowded condition of the calendars in both houses create an
4-12     emergency and an imperative public necessity that the
4-13     constitutional rule requiring bills to be read on three several
4-14     days in each house be suspended, and this rule is hereby suspended,
4-15     and that this Act take effect and be in force from and after its
4-16     passage, and it is so enacted.