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.