By Lindsay                                             S.B. No. 536
         76R1359 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the provision of emergency services in an area that is
 1-3     annexed by, or becomes part of the extraterritorial jurisdiction
 1-4     of, a municipality.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter D, Chapter 43, Local Government Code,
 1-7     is amended by adding Section 43.082 to read as follows:
 1-8           Sec. 43.082.  CONTINUATION OF CERTAIN EMERGENCY SERVICES IN
 1-9     CERTAIN DISTRICTS AND OTHER AREAS.  (a)  In this section:
1-10                 (1)  "Emergency services" means the:
1-11                       (A)  provision of medical assistance at a site
1-12     other than a medical facility and the transport of injured or sick
1-13     individuals to a medical or treatment facility;
1-14                       (B)  provision of rescue services for individuals
1-15     and property;
1-16                       (C)  suppression of fires;
1-17                       (D)  provision of fire prevention programs to
1-18     educate the public; and
1-19                       (E)  dispatching of personnel to perform a
1-20     service described by Paragraphs (A)-(C).
1-21                 (2)  "Emergency services provider" means:
1-22                       (A)  a volunteer fire department, rescue squad,
1-23     or emergency medical services provider that is:
1-24                             (i)  operated by its members; and
 2-1                             (ii)  exempt from certain taxes by being
 2-2     listed as an exempt organization under Section 151.310 or 171.083,
 2-3     Tax Code;
 2-4                       (B)  an emergency services district created under
 2-5     Chapter 775, Health and Safety Code; or
 2-6                       (C)  a rural fire prevention district created
 2-7     under Chapter 794, Health and Safety Code.
 2-8           (b)  Notwithstanding other law, an area that is served by an
 2-9     emergency services provider and that is annexed by or becomes a
2-10     part of the extraterritorial jurisdiction of a municipality shall
2-11     continue to receive emergency services from the current provider
2-12     until an election is held in the area on the question of who is to
2-13     provide emergency services to the area.  To the extent of any
2-14     conflict between this section and Section 43.056 or a similar law,
2-15     this section controls.
2-16           (c)  The municipality may order the election.  At the
2-17     election, ballots shall be prepared to allow for voting for or
2-18     against the proposition:  "The provision of emergency services by
2-19     (name of municipality) to (name and brief description of area) in
2-20     place of the emergency services provided by (name of emergency
2-21     services provider)."
2-22           (d)  If a majority of the votes received at the election
2-23     favor the proposition:
2-24                 (1)  the municipality shall provide emergency services
2-25     to the area instead of the emergency services provider named on the
2-26     ballot;
2-27                 (2)  the area to which the emergency services provider
 3-1     provides emergency services is adjusted accordingly; and
 3-2                 (3)  the emergency services provider may not collect a
 3-3     fee or tax for emergency services in the area.
 3-4           (e)  Before an election is ordered in the area:
 3-5                 (1)  the emergency services provider is unaffected in
 3-6     any way by the inclusion of the area in the municipality or in the
 3-7     extraterritorial jurisdiction of the municipality, including:
 3-8                       (A)  existing operations of the provider;
 3-9                       (B)  mutual aid agreements;
3-10                       (C)  the area to which the provider provides
3-11     emergency services;
3-12                       (D)  the administration of the provider; and
3-13                       (E)  taxing authority;
3-14                 (2)  if any method of funding for the emergency
3-15     services provider is eliminated as a result of the annexation or
3-16     inclusion in the extraterritorial jurisdiction, the municipality
3-17     shall provide in advance to the provider at the beginning of each
3-18     calendar year an amount equal to the maximum amount of revenue the
3-19     provider could have collected in the area in the previous year to
3-20     provide emergency services; and
3-21                 (3)  except to the extent necessary to provide the
3-22     revenue required to be paid to the emergency services provider
3-23     under  Subdivision (2), the municipality may not impose a tax,
3-24     charge, or fee in the area for emergency services provided by the
3-25     emergency services provider.
3-26           (f)  If less than a majority of the votes received at the
3-27     election favor the proposition, the limitations imposed by
 4-1     Subsection (e) remain in effect after the election.
 4-2           (g)  A municipality required to make a payment under
 4-3     Subsection (e) shall make the payment not later than February 1 of
 4-4     each year.  In a year in which a ballot proposition under this
 4-5     section is approved by the voters, the amount shall be adjusted
 4-6     prorata for the portion of the year the emergency services provider
 4-7     provides emergency services to the area.
 4-8           SECTION 2.  Section 775.022(a), Health and Safety Code, is
 4-9     amended to read as follows:
4-10           (a)  If a municipality annexes territory in a district, the
4-11     board shall, on request of the municipality and if approved at an
4-12     election held under Section 43.082, Local Government Code,
4-13     immediately disannex the territory  from the district and shall
4-14     cease to provide further services to the residents of that
4-15     territory.
4-16           SECTION 3.  Section 794.053(b), Health and Safety Code, is
4-17     amended to read as follows:
4-18           (b)  If territory in a municipality's limits or
4-19     extraterritorial jurisdiction is included in a district, the
4-20     municipality's governing body may remove that territory from the
4-21     district as prescribed by this section if approved at an election
4-22     held under Section 43.082, Local Government Code, and if:
4-23                 (1)  the municipality agrees to provide fire protection
4-24     to the territory as prescribed by Section 794.014; or
4-25                 (2)  the territory is designated an industrial district
4-26     under Section 42.044, Local Government Code.
4-27           SECTION 4.  This Act takes effect September 1, 1999, and
 5-1     applies only to an area affected by an annexation for which notice
 5-2     of the first public hearing required for annexation is given on or
 5-3     after that date.
 5-4           SECTION 5.  The importance of this legislation and the
 5-5     crowded condition of the calendars in both houses create an
 5-6     emergency and an imperative public necessity that the
 5-7     constitutional rule requiring bills to be read on three several
 5-8     days in each house be suspended, and this rule is hereby suspended.