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.