1-1 By: Bosse (Senate Sponsor - Madla) H.B. No. 1984
1-2 (In the Senate - Received from the House April 29, 1999;
1-3 April 30, 1999, read first time and referred to Committee on
1-4 Economic Development; May 13, 1999, reported favorably by the
1-5 following vote: Yeas 6, Nays 0; May 13, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the consolidation of emergency communication districts.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 771.001(3), Health and Safety Code, is
1-11 amended to read as follows:
1-12 (3) "Emergency communication district" means:
1-13 (A) a public agency or group of public agencies
1-14 acting jointly that provided 9-1-1 service before September 1,
1-15 1987, or that had voted or contracted before that date to provide
1-16 that service; or
1-17 (B) a district created under Subchapter B, C,
1-18 [or] D, or F, Chapter 772.
1-19 SECTION 2. Chapter 772, Health and Safety Code, is amended
1-20 by adding Subchapter F to read as follows:
1-21 SUBCHAPTER F. CONSOLIDATED DISTRICTS
1-22 Sec. 772.451. CONSOLIDATION PROCEDURE. (a) Two or more
1-23 districts governed by this chapter may consolidate into a single
1-24 district as provided by this section.
1-25 (b) If the board of managers of each district to be
1-26 consolidated finds that the consolidation of the districts would
1-27 benefit the participating jurisdictions of the district, the board
1-28 may call and hold an election in the district's participating
1-29 jurisdictions to approve the consolidation.
1-30 (c) The election in each district must be held on the same
1-31 uniform election date provided by Chapter 41, Election Code.
1-32 (d) Each district shall pay the election expenses for its
1-33 participating jurisdictions.
1-34 (e) The ballot for the election to approve the consolidation
1-35 must be printed to permit voting for or against the proposition
1-36 that the district may consolidate with other named districts.
1-37 Sec. 772.452. CONSOLIDATION PLANNING. (a) If a majority of
1-38 the voters voting at the election approve the consolidation, the
1-39 board of managers of the district shall conduct a planning meeting
1-40 with the boards of managers of the other districts whose voters
1-41 have approved the consolidation.
1-42 (b) The meeting must be a public meeting. At the meeting,
1-43 the boards of managers shall devise a consolidation plan to:
1-44 (1) combine the debts and assets of the districts;
1-45 (2) pay outstanding bonds of the districts and issue
1-46 refunding bonds as necessary to pay the bonds;
1-47 (3) impose a uniform 9-1-1 emergency service fee; and
1-48 (4) adjust the membership and qualifications of the
1-49 board of managers of the consolidated district.
1-50 (c) If a consolidated district is not created under Section
1-51 772.453 before the first anniversary of the date of the election
1-52 held under Section 772.451, a consolidated district may not be
1-53 created until:
1-54 (1) the districts make another finding that the
1-55 consolidation would benefit the participating jurisdictions; and
1-56 (2) the consolidation is approved at another election
1-57 held under Section 772.451.
1-58 Sec. 772.453. CREATION OF CONSOLIDATED DISTRICT. (a) When
1-59 the board of managers of each district has adopted the same
1-60 consolidation plan, the combined boards of managers shall declare
1-61 the consolidated district created.
1-62 (b) If the board of managers of a district does not agree to
1-63 a consolidation plan, the remaining districts may consolidate on
1-64 the terms of a mutually agreeable consolidation plan.
2-1 Sec. 772.454. BOARD OF MANAGERS. (a) The consolidated
2-2 district is governed by a board of managers appointed in accordance
2-3 with the order issued by the temporary board of managers under
2-4 Subsection (b). The members of the boards of managers of all the
2-5 districts consolidated serve as a temporary board until all members
2-6 of the initial board of managers are appointed and qualify. The
2-7 temporary board has all authority necessary to operate and
2-8 administer the district.
2-9 (b) Before the 45th day after the date the district is
2-10 created, the temporary board of managers by order shall adjust the
2-11 membership of the board. The order must be substantially in
2-12 accordance with the consolidation plan and must specify:
2-13 (1) the number of members of the board;
2-14 (2) the entity or combination of entities that
2-15 appoints each member;
2-16 (3) whether each member may or may not vote; and
2-17 (4) the term of each member of the initial board so
2-18 that as near to one-half of the members as is practical serve terms
2-19 that expire in even-numbered years and the remaining members serve
2-20 terms that expire in odd-numbered years.
2-21 (c) The order issued under Subsection (b) must preserve as
2-22 nearly as possible the proportional representation of interests
2-23 exhibited by the memberships of the boards of managers of the
2-24 several districts before consolidation.
2-25 Sec. 772.455. GOVERNANCE OF CONSOLIDATED DISTRICT. The
2-26 consolidated district and its board of managers are governed by the
2-27 provisions of this chapter that governed the most populous of the
2-28 districts before the consolidation, except as provided by this
2-29 subchapter.
2-30 SECTION 3. The importance of this legislation and the
2-31 crowded condition of the calendars in both houses create an
2-32 emergency and an imperative public necessity that the
2-33 constitutional rule requiring bills to be read on three several
2-34 days in each house be suspended, and this rule is hereby suspended,
2-35 and that this Act take effect and be in force from and after its
2-36 passage, and it is so enacted.
2-37 * * * * *