By Barrientos S.B. No. 1442 76R5343 CMR-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the removal of certain territory from an emergency 1-3 services district. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 775, Health and Safety 1-6 Code, is amended by adding Section 775.0235 to read as follows: 1-7 Sec. 775.0235. REMOVAL OF CERTAIN TERRITORY ON REQUEST OF 1-8 MUNICIPALITY. (a) The board shall remove territory from a 1-9 district as provided by this section, on request of a municipality, 1-10 if the territory: 1-11 (1) was included in the corporate limits of the 1-12 municipality at the time the territory was first included in the 1-13 district; 1-14 (2) is included in any part of a district that is 1-15 composed of two or more territories that are not contiguous to 1-16 each other; and 1-17 (3) is surrounded on at least three sides by territory 1-18 inside the municipal boundaries of a municipality with a population 1-19 of 400,000 or more. 1-20 (b) The board shall, on request of the municipality, 1-21 immediately disannex the territory from the district and shall 1-22 cease to provide further services to the residents of that 1-23 territory. 1-24 (c) On request by the municipality, in connection with a 2-1 disannexation under Subsection (b), the board shall immediately 2-2 disannex all territory in the district that is included in the 2-3 municipality's extraterritorial jurisdiction and shall cease to 2-4 provide further services to the residents of such additional 2-5 territory. 2-6 (d) The disannexation of territory under this section does 2-7 not diminish or impair the rights of the holders of any outstanding 2-8 and unpaid bonds, warrants, or other obligations of the district. 2-9 (e) If territory is disannexed under this section, the 2-10 municipality shall compensate the district in an amount equal to 2-11 the disannexed territory's pro rata share of the district's 2-12 indebtedness at the time the territory is disannexed. The 2-13 district shall apply compensation received from a municipality 2-14 under this subsection exclusively to the payment of the disannexed 2-15 territory's pro rata share of the district's indebtedness. 2-16 (f) On the district's request, a municipality shall purchase 2-17 from the district at fair market value any real or personal 2-18 property used to provide emergency services in territory disannexed 2-19 under this section. If any part of the indebtedness for which the 2-20 district receives compensation under Subsection (e) was for the 2-21 purchase of the real or personal property that the municipality 2-22 purchases under this subsection, the fair market value of that 2-23 property for the purpose of this subsection is reduced by a 2-24 percentage equal to the disannexed territory's pro rata share under 2-25 Subsection (e). 2-26 SECTION 2. This Act takes effect September 1, 1999. 2-27 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.