AN ACT 1-1 relating to the removal of certain territory from an emergency 1-2 services district. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter B, Chapter 775, Health and Safety 1-5 Code, is amended by adding Section 775.0235 to read as follows: 1-6 Sec. 775.0235. REMOVAL OF CERTAIN TERRITORY ON REQUEST OF 1-7 MUNICIPALITY. (a) The board shall remove territory from a 1-8 district as provided by this section, on request of a municipality, 1-9 if the territory: 1-10 (1) was included in the corporate limits of the 1-11 municipality at the time the territory was first included in the 1-12 district; 1-13 (2) is included in any part of a district that is 1-14 composed of two or more territories that are not contiguous to 1-15 each other; and 1-16 (3) is surrounded on at least three sides by territory 1-17 inside the municipal boundaries of a municipality with a population 1-18 of 400,000 or more. 1-19 (b) The board shall, on request of the municipality, 1-20 immediately disannex the territory from the district and shall 1-21 cease to provide further services to the residents of that 1-22 territory. 1-23 (c) On request by the municipality, in connection with a 1-24 disannexation under Subsection (b), the board shall immediately 2-1 disannex all territory in the district that is included in the 2-2 municipality's extraterritorial jurisdiction and shall cease to 2-3 provide further services to the residents of such additional 2-4 territory. 2-5 (d) The disannexation of territory under this section does 2-6 not diminish or impair the rights of the holders of any outstanding 2-7 and unpaid bonds, warrants, or other obligations of the district. 2-8 (e) If territory is disannexed under this section, the 2-9 municipality shall compensate the district in an amount equal to 2-10 the disannexed territory's pro rata share of the district's 2-11 indebtedness at the time the territory is disannexed. The 2-12 district shall apply compensation received from a municipality 2-13 under this subsection exclusively to the payment of the disannexed 2-14 territory's pro rata share of the district's indebtedness. 2-15 (f) On the district's request, a municipality shall purchase 2-16 from the district at fair market value any real or personal 2-17 property used to provide emergency services in territory disannexed 2-18 under this section. If any part of the indebtedness for which the 2-19 district receives compensation under Subsection (e) was for the 2-20 purchase of the real or personal property that the municipality 2-21 purchases under this subsection, the fair market value of that 2-22 property for the purpose of this subsection is reduced by a 2-23 percentage equal to the disannexed territory's pro rata share under 2-24 Subsection (e). 2-25 SECTION 2. This Act takes effect September 1, 1999. 2-26 SECTION 3. The importance of this legislation and the 3-1 crowded condition of the calendars in both houses create an 3-2 emergency and an imperative public necessity that the 3-3 constitutional rule requiring bills to be read on three several 3-4 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1442 passed the Senate on May 4, 1999, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 1442 passed the House on May 22, 1999, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor