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.