By Hamric H.B. No. 2981
76R9168 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration, powers, duties and operations of
1-3 Emergency Services Districts:
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 775.012(b), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (b) The name of the district proposed by the petition must
1-8 be "____________ Emergency Services District No.____, with the
1-9 names of all the counties and the proper consecutive number
1-10 inserted."
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 any part of the proposed
1-14 district is [wholly] located within the unincorporated area of a
1-15 county that has a population of 2.4 million or more according to
1-16 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. Section 775.022(a) and (c), Health and Safety
2-9 Code, is amended to read as follows:
2-10 (a) If a municipality annexes territory in a district, the
2-11 board shall, on written request of the municipality, immediately
2-12 disannex the territory from the district and shall cease to provide
2-13 further services to the residents of that territory. However, a
2-14 district may levy and collect taxes on property in the territory
2-15 and provide services to the residents until the district's receipt
2-16 of such municipality's written request to disannex the territory.
2-17 (c) If a municipality annexes a portion of a district, the
2-18 municipality shall compensate the district in an amount equal to
2-19 the annexed territory's pro rata share of the district's bonded and
2-20 other indebtedness at the time the territory is annexed. The
2-21 district shall apply compensation received from a municipality
2-22 under this subsection exclusively to the payment of the annexed
2-23 territory's pro rata share of the district's bonded and other
2-24 indebtedness.
2-25 SECTION 5. Section 775.031(a), Health and Safety Code, is
2-26 amended to read as follows:
2-27 (a) A district is a political subdivision of the state. To
3-1 perform the functions of the district and to provide emergency
3-2 services, a district may:
3-3 (6) borrow money, subject to Section 775.071, and
3-4 accept and receive donations;
3-5 (b) A district located wholly within a county with a
3-6 population of more than 2.4 million may not provide fire prevention
3-7 or fire-fighting services unless the district was originally a
3-8 rural fire prevention district and was converted under Section
3-9 [775.056] 794.100.
3-10 SECTION 6. Section 775.034, Health and Safety Code, is
3-11 amended by amending Subsection (c) and adding Subsection (e) to
3-12 read as follows:
3-13 (c) On January 1 of each year, the commissioners court shall
3-14 appoint a successor, or re-appoint the incumbent emergency services
3-15 commissioner for each emergency services commissioner whose term
3-16 has expired.
3-17 (e) A board by unanimous vote of all its remaining members
3-18 may remove a commissioner if that commissioner has missed one-half
3-19 or more of the regular meetings scheduled during the 12 months
3-20 prior to the vote for removal. Any commissioner so removed may
3-21 file a written appeal with the Commissioner's Court within 30 days
3-22 after receiving written notice of the board action. The
3-23 Commissioner's Court may reinstate a removed commissioner if the
3-24 Commissioner's Court finds that the removal was unwarranted under
3-25 the circumstances, including the reasons for absences, the time and
3-26 place of the meetings missed, the business conducted at the
3-27 meetings missed, and any other facts or circumstances the
4-1 Commissioner's Court may deem relevant.
4-2 SECTION 7. Section 775.035, Health and Safety Code, is
4-3 amended by amending and re-designating Subsections (a)-(h), and
4-4 adding Subsection (e) to read as follows:
4-5 (a) The governing body of a district located in more than
4-6 one county consists of a five-person board of emergency services
4-7 commissioners elected as prescribed by this section. Except as
4-8 provided by Subsection (c)(5) [(g)], emergency services
4-9 commissioners serve two-year terms.
4-10 (b) [(c)] To be eligible to be a candidate for emergency
4-11 services commissioner of a district located in more than one
4-12 county, a person must be at least 18 years of age and a resident of
4-13 the district.
4-14 (c) The election of the initial emergency services
4-15 commissioners shall be conducted as follows:
4-16 (1) [(b)] After a district located in more than one
4-17 county is created, the county judges of each county in the district
4-18 shall mutually establish a convenient day [in November] which may
4-19 be a uniform election date as provided under Chapter 41, Election
4-20 Code, [other than the date of the general election for state and
4-21 county officers,] to conduct an election to elect the initial
4-22 emergency services commissioners.
4-23 [(c) To be eligible to be a candidate for emergency services
4-24 commissioner of a district located in more than one county, a
4-25 person must be at least 18 years of age and a resident of the
4-26 district.]
4-27 (2) [(d)] A candidate for emergency services
5-1 commissioner must give the county clerk of each county in the
5-2 district a sworn notice of the candidate's intention to run for
5-3 office. The notice must state the person's name, age, and address
5-4 and state that the person is serving notice of intent to run for
5-5 emergency services commissioner. On receipt of the notice, the
5-6 county clerk shall have the candidate's name placed on the ballot.
5-7 (3) [(e)] The county clerks of each county in the
5-8 district shall jointly appoint an election judge to certify the
5-9 results of the election.
5-10 (4) [(f)] After the election is held, the county clerk
5-11 of each county or the clerk's deputy shall prepare a sworn
5-12 statement of the election costs incurred by the county. The
5-13 statement shall be given to the newly elected board, which shall
5-14 order the appropriate official to reimburse each county for the
5-15 county's election costs.
5-16 (5) [(g)] The initial emergency services
5-17 commissioners' terms of office begin on January 1 of the year
5-18 following the election. The two commissioners who received the
5-19 fewest votes serve one-year terms. The other emergency services
5-20 commissioners serve two-year terms.
5-21 (d) [(h)] Following election of the initial emergency
5-22 services commissioners, the [The] general election for commissioner
5-23 shall be held annually on an authorized uniform election date as
5-24 provided by Chapter 41, Election Code. In the event an election
5-25 date other than the November uniform election date is adopted by
5-26 the board, such act shall not have the effect of shortening the
5-27 term of any commissioner. However, a district may, if conducive to
6-1 the establishment of such election date, extend the terms of
6-2 commissioners to continue until the election date established under
6-3 this section and their successor has been elected and qualified.
6-4 (e) A board by unanimous vote of all its remaining members
6-5 may remove a commissioner if that commissioner has missed one-half
6-6 or more of the regular meetings scheduled during the 12 months
6-7 prior to the vote for removal. Any commissioner so removed may
6-8 file a written appeal with the Commissioner's Court of the county
6-9 of residency of the removed commissioner within 30 days after
6-10 receiving written notice of the board action. The Commissioner's
6-11 Court may reinstate a removed commissioner if the Commissioner's
6-12 Court finds that the removal was unwarranted under the
6-13 circumstances, including the reasons for absences, the time and
6-14 place of the meetings missed, the business conducted at the
6-15 meetings missed, and any other facts or circumstances the
6-16 Commissioner's Court may deem relevant.
6-17 SECTION 8. Section 775.036, Health and Safety Code, is
6-18 amended by adding Subsection (a)(6) to read as follows:
6-19 (6) A meeting of a committee of the board, where less
6-20 than a quorum, or a committee composed of representatives of more
6-21 than one board, where less than a quorum of any one board is
6-22 present is not subject to the provisions of the open meetings law,
6-23 Chapter 551, Government Code.
6-24 SECTION 9. Section 775.040, Health and Safety Code, is
6-25 amended to read as follows:
6-26 A district may charge a reasonable fee for emergency services
6-27 performed for or on behalf of a person or entity. An emergency
7-1 services provider operating under a contract with a district may,
7-2 if authorized by the district or provided for in the contract,
7-3 charge a reasonable fee for emergency services performed for or on
7-4 behalf of a person or entity.
7-5 SECTION 10. Section 775.071, Health and Safety Code, is
7-6 amended by amending Subsection (a) and adding Subsections (b)-(d)
7-7 to read as follows:
7-8 (a) Except as provided by subsection (b), Section 775.051,
7-9 Section 775.072, and Sections 775.077-775.081, a district may not
7-10 contract for an amount of indebtedness in any one year that is in
7-11 excess of the funds then on hand and [or] that which may be paid
7-12 from current revenues for the year.
7-13 (b) The board, on the behalf of the district, may borrow
7-14 money and make other financial arrangements to purchase emergency
7-15 services equipment in the amount and subject to a rate of interest
7-16 or other conditions the board considers advisable.
7-17 (c) To secure a loan under this section, the board may
7-18 pledge:
7-19 (1) tax revenues or funds on hand that are not
7-20 otherwise pledged to pay a debt of the district; or
7-21 (2) the equipment acquired with the borrowed money.
7-22 (d) If tax revenues are pledged to pay a loan, the loan must
7-23 mature not later than the fifth anniversary of the date the loan is
7-24 made.
7-25 SECTION 11. Section 775.0741, Health and Safety Code, is
7-26 amended by deleting Subsections (a) and (e), and re-designating
7-27 Subsections (b)-(c) to read as follows:
8-1 [(a) The board of a district located wholly in a county with
8-2 a population of more than 2.4 million shall prepare annually a
8-3 budget for the district and shall submit the budget to the
8-4 commissioners court of the county for approval. The budget shall
8-5 be treated in the same manner as a budget submitted by a county
8-6 agency or department.]
8-7 (a) [(b)] The board [commissioners court] shall annually
8-8 impose an ad valorem tax on all real and personal property located
8-9 in the district and subject to district taxation for the district's
8-10 support and the purposes authorized by this chapter.
8-11 (b) [(c)] The tax may not exceed three cents on each $100 of
8-12 the taxable value of property taxable by the district. If the
8-13 district was originally a rural fire prevention district and was
8-14 converted under Section [775.056] 794.100, the tax may not exceed
8-15 six cents on each $100 of the taxable value of property taxable by
8-16 the district.
8-17 (c) In setting and certifying the tax rate, the
8-18 [commissioners court] board is subject to the same duties that are
8-19 imposed on a board by Sections 775.074(b) through (e).
8-20 [(e) The funds collected under this section shall be
8-21 deposited in a county depository except as provided by Section
8-22 775.072(b).]
8-23 SECTION 12. Section 775.083, Health and Safety Code, is
8-24 amended by re-titling the section and adding Subsection (c) to read
8-25 as follows:
8-26 Section 775.083. ANNUAL REPORT; NOTICE OF ADMINISTRATIVE
8-27 OFFICE
9-1 (c) During the month of January of each year, the district
9-2 shall publish a notice in 8-point type in the legal notices section
9-3 of a newspaper of general circulation in the district setting forth
9-4 the street address of the district's administrative office. In a
9-5 district's first year of operation, such notice shall be published
9-6 not later than 60 days after the qualification of the initial
9-7 board.
9-8 SECTION 13. The importance of this legislation and the
9-9 crowded condition of the calendars in both houses create an
9-10 emergency and an imperative public necessity that the
9-11 constitutional rule requiring bills to be read on three several
9-12 days in each house be suspended, and this rule is hereby suspended,
9-13 and that this Act take effect and be in force from and after its
9-14 passage, and it is so enacted.