76R11185 CAG-F
By Hamric H.B. No. 2981
Substitute the following for H.B. No. 2981:
By Krusee C.S.H.B. No. 2981
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to emergency services districts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 775.012(b), Health and Safety Code, is
1-5 amended to read as follows:
1-6 (b) The name of the district proposed by the petition must
1-7 be "____________ Emergency Services District No. _______." The
1-8 name of each county must be inserted in the first blank, and the
1-9 next available district number must be inserted into the second
1-10 blank.
1-11 SECTION 2. Section 775.014(g), Health and Safety Code, is
1-12 amended to read as follows:
1-13 (g) This section does not apply if the proposed district
1-14 contains territory in [is wholly within] the unincorporated area of
1-15 a county with [that has] a population of 2.4 million or more
1-16 [according to the most recent federal decennial census].
1-17 SECTION 3. Section 775.018(b), Health and Safety Code, is
1-18 amended to read as follows:
1-19 (b) If a proposed district is located wholly in a county
1-20 with a population of more than 2.4 million, the commissioners court
1-21 shall order an election to confirm the district's creation and
1-22 authorize the imposition of an ad valorem tax not to exceed three
1-23 cents on each $100 of the taxable value of property taxable by the
1-24 district[, except that if the petition seeks conversion of a rural
2-1 fire prevention district into an emergency services district, the
2-2 election must be to authorize the imposition of an ad valorem tax
2-3 not to exceed six cents on each $100 of the taxable value of
2-4 property taxable by the district]. For the purposes of this
2-5 subsection, the population of the county is determined according to
2-6 the most recent federal decennial census available at the time the
2-7 petition is filed.
2-8 SECTION 4. Sections 775.022(a) and (c), Health and Safety
2-9 Code, are amended to read as follows:
2-10 (a) If a municipality annexes territory in a district, the
2-11 board shall, on receipt of a written request of the municipality,
2-12 immediately disannex the territory from the district and shall
2-13 cease to provide further services to the residents of that
2-14 territory.
2-15 (c) If a municipality annexes a portion of a district, the
2-16 municipality shall compensate the district in an amount equal to
2-17 the annexed territory's pro rata share of the district's bonded and
2-18 other indebtedness based on the unpaid principal balances and the
2-19 property values at the time the territory is annexed. The district
2-20 shall apply compensation received from a municipality under this
2-21 subsection exclusively to the payment of the annexed territory's
2-22 pro rata share of the district's bonded and other indebtedness.
2-23 SECTION 5. Sections 775.031(a) and (b), Health and Safety
2-24 Code, are amended to read as follows:
2-25 (a) A district is a political subdivision of the state. To
2-26 perform the functions of the district and to provide emergency
2-27 services, a district may:
3-1 (1) acquire, purchase, hold, lease, manage, occupy,
3-2 and sell real and personal property or an interest in property;
3-3 (2) enter into and perform necessary contracts;
3-4 (3) appoint and employ necessary officers, agents, and
3-5 employees;
3-6 (4) sue and be sued;
3-7 (5) impose and collect taxes as prescribed by this
3-8 chapter;
3-9 (6) accept and receive donations;
3-10 (7) lease, own, maintain, operate, and provide
3-11 emergency services vehicles and other necessary or proper
3-12 apparatus, instrumentalities, equipment, and machinery to provide
3-13 emergency services;
3-14 (8) construct, lease, own, and maintain real property,
3-15 improvements, and fixtures necessary to house, repair, and maintain
3-16 emergency services vehicles and equipment;
3-17 (9) contract with other entities, including other
3-18 districts or municipalities, to make emergency services facilities
3-19 and emergency services available to the district;
3-20 (10) contract with other entities, including other
3-21 districts or municipalities, for reciprocal operation of services
3-22 and facilities if the contracting parties find that reciprocal
3-23 operation would be mutually beneficial and not detrimental to the
3-24 district;
3-25 (11) borrow money; and
3-26 (12) [(11)] perform other acts necessary to carry out
3-27 the intent of this chapter.
4-1 (b) A district located wholly within a county with a
4-2 population of more than 2.4 million may not provide fire prevention
4-3 or fire-fighting services unless the district was originally a
4-4 rural fire prevention district and was converted under Section
4-5 794.100 [775.056].
4-6 SECTION 6. Section 775.034(a), Health and Safety Code, is
4-7 amended to read as follows:
4-8 (a) The commissioners court of a county in which a
4-9 single-county district is located shall appoint a five-member board
4-10 of emergency services commissioners to serve as the district's
4-11 governing body. To be qualified to serve as a member of the board
4-12 a person must be at least 18 years of age, a resident citizen of
4-13 the state, and a qualified voter within areas served by the
4-14 district or the owner of land subject to taxation in the district.
4-15 Except as prescribed by Subsection (b), commissioners serve
4-16 two-year terms.
4-17 SECTION 7. Sections 775.035(b) and (h), Health and Safety
4-18 Code, are amended to read as follows:
4-19 (b) After a district located in more than one county is
4-20 created, the county judges of each county in the district shall
4-21 mutually establish a convenient day provided by Section 41.001,
4-22 Election Code [in November, other than the date of the general
4-23 election for state and county officers], to conduct an election to
4-24 elect the initial emergency services commissioners.
4-25 (h) The general election for commissioner shall be held
4-26 annually on an authorized uniform election date as provided by
4-27 Chapter 41, Election Code. The board may change the election date
5-1 from one authorized election date to another authorized election
5-2 date and shall adjust the terms of office to conform to the new
5-3 election date.
5-4 SECTION 8. Section 775.036, Health and Safety Code, is
5-5 amended by amending Subsection (b) and by adding Subsections (e)
5-6 and (f) to read as follows:
5-7 (b) The board may adopt and enforce a fire code, including
5-8 fines for any violations, that does not conflict with a fire code
5-9 adopted by another political subdivision that also contains within
5-10 its boundaries any portion of the land contained in the district
5-11 and may require inspections in the district relating to the causes
5-12 and prevention of fires and medical emergencies, except as provided
5-13 by Section 775.031(b). The board may not enforce the district's
5-14 fire code within the boundaries of a municipality that has adopted
5-15 a fire code. The board of a district located wholly within a
5-16 county with a population of 2.4 million or more may not adopt a
5-17 fire code or a fine for a violation of the district's fire code
5-18 unless the commissioners court of the county consents to the
5-19 adoption of the code or fine.
5-20 (e) Chapter 551, Government Code, does not apply to a
5-21 meeting of a committee:
5-22 (1) of the board if less than a board quorum attends;
5-23 or
5-24 (2) composed of representatives of more than one
5-25 board, if less than a quorum of any of the boards attends.
5-26 (f) Each January, the board shall publish the street address
5-27 of the district's administrative office in eight-point type in the
6-1 legal notices section of a newspaper of general circulation in the
6-2 district. In a district's first year of operation, the board shall
6-3 publish the notice not later than the 60th day after the date the
6-4 initial board is appointed.
6-5 SECTION 9. Section 775.040, Health and Safety Code, is
6-6 amended to read as follows:
6-7 Sec. 775.040. FEES FOR PROVIDING SERVICES. A district, or a
6-8 person authorized by contract on the district's behalf, may charge
6-9 a reasonable fee for emergency services performed for or on behalf
6-10 of a person or entity, including a fee for responding to a false
6-11 alarm or for a fire code inspection.
6-12 SECTION 10. Subchapter C, Chapter 775, Health and Safety
6-13 Code, is amended by adding Sections 775.041 and 775.042 to read as
6-14 follows:
6-15 Sec. 775.041. FEE PAYMENT AND COLLECTION. (a) A fee
6-16 imposed by a district under Section 775.040 must be paid within a
6-17 reasonable amount of time as established by the district.
6-18 (b) If the fee has not been paid in the amount of time
6-19 established by the district, the district may collect the fee by
6-20 filing a complaint in the appropriate court of jurisdiction in the
6-21 county in which the district's principal office or meeting place is
6-22 located.
6-23 (c) If the district prevails in any suit to collect the fee,
6-24 it may, in the same action, recover reasonable fees for attorneys,
6-25 expert witnesses, and other costs incurred by the district in the
6-26 suit. The court shall determine the amount of the attorney's fees.
6-27 Sec. 775.042. REMOVAL OF BOARD MEMBER. (a) A board may
7-1 remove a member if:
7-2 (1) the member is absent from more than half of the
7-3 regularly scheduled board meetings that the member is eligible to
7-4 attend during a calendar year without an excuse approved by a
7-5 majority vote of the board; and
7-6 (2) the other members of the board unanimously vote to
7-7 remove that member.
7-8 (b) Not later than the 30th day after the date of a vote to
7-9 remove a member under Subsection (a), that member may file a
7-10 written appeal for reinstatement to the commissioners court of the
7-11 county in which a single-county district is located or, if the
7-12 district is located in more than one county, the commissioners
7-13 court of the county where the member resides. The court may
7-14 reinstate the member if it finds the removal unwarranted after
7-15 considering:
7-16 (1) a reason for an absence;
7-17 (2) the time and place of a missed meeting;
7-18 (3) the business conducted at a missed meeting; and
7-19 (4) any other factors or circumstances the court
7-20 considers relevant.
7-21 (c) The validity of a board action is not affected because
7-22 it is taken when a ground for removal of a board member exists.
7-23 SECTION 11. Section 775.071, Health and Safety Code, is
7-24 amended to read as follows:
7-25 Sec. 775.071. LIMITATION ON INDEBTEDNESS. Except as
7-26 provided by Section 775.051, Section 775.072, [and] Sections
7-27 775.077-775.081, and Section 775.085, a district may not contract
8-1 for an amount of indebtedness in any one year that is in excess of
8-2 the funds then on hand and anticipated [or that may be paid from
8-3 current] revenues for the year.
8-4 SECTION 12. Section 775.0741, Health and Safety Code, is
8-5 amended to read as follows:
8-6 Sec. 775.0741. AD VALOREM TAX IN DISTRICT LOCATED WHOLLY IN
8-7 POPULOUS COUNTY. (a) This section applies only to [The board of]
8-8 a district located wholly in a county with a population of more
8-9 than 2.4 million [shall prepare annually a budget for the district
8-10 and shall submit the budget to the commissioners court of the
8-11 county for approval. The budget shall be treated in the same
8-12 manner as a budget submitted by a county agency or department].
8-13 (b) The board [commissioners court] shall annually impose an
8-14 ad valorem tax on all real and personal property located in the
8-15 district and subject to district taxation for the district's
8-16 support and the purposes authorized by this chapter.
8-17 (c) The tax may not exceed three cents on each $100 of the
8-18 taxable value of property taxable by the district. If the district
8-19 was originally a rural fire prevention district and was converted
8-20 under Section 794.100 [775.056], the tax may not exceed six cents
8-21 on each $100 of the taxable value of property taxable by the
8-22 district.
8-23 (d) In setting and certifying the tax rate, the board
8-24 [commissioners court] is subject to [the same duties that are
8-25 imposed on a board by] Sections 775.074(b) through (e).
8-26 [(e) The funds collected under this section shall be
8-27 deposited in a county depository except as provided by Section
9-1 775.072(b).]
9-2 SECTION 13. Subchapter E, Chapter 775, Health and Safety
9-3 Code, is amended by adding Section 775.085 to read as follows:
9-4 Sec. 775.085. LOAN FOR EMERGENCY SERVICES EQUIPMENT. (a)
9-5 The board, on the behalf of the district, may borrow money and make
9-6 other financial arrangements to purchase emergency services
9-7 equipment in the amount and subject to a rate of interest or other
9-8 conditions the board considers advisable.
9-9 (b) To secure a loan under this section, the board may
9-10 pledge:
9-11 (1) tax revenues or funds on hand that are not
9-12 otherwise pledged to pay a debt of the district; or
9-13 (2) the equipment acquired with the borrowed money.
9-14 (c) If tax revenues are pledged to pay a loan, the loan must
9-15 mature not later than the fifth anniversary of the date the loan is
9-16 made.
9-17 SECTION 14. Section 775.074(f), Health and Safety Code, is
9-18 repealed.
9-19 SECTION 15. (a) This Act takes effect September 1, 1999.
9-20 (b) The changes in law made by Section 6 of this Act in the
9-21 qualifications of, and the prohibitions applying to, members of the
9-22 emergency services commissioners board do not affect the
9-23 entitlement of a member serving on the board immediately before the
9-24 effective date of this Act to continue to carry out the board's
9-25 functions for the remainder of the member's term. The changes in
9-26 law apply only to a member appointed on or after the effective date
9-27 of this Act. This Act does not prohibit a person who is a member
10-1 of the board on the effective date of this Act from being
10-2 reappointed to the board if the person has the qualifications
10-3 required for a member under Section 775.034, Health and Safety
10-4 Code, as amended by this Act.
10-5 SECTION 16. The importance of this legislation and the
10-6 crowded condition of the calendars in both houses create an
10-7 emergency and an imperative public necessity that the
10-8 constitutional rule requiring bills to be read on three several
10-9 days in each house be suspended, and this rule is hereby suspended.