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.
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