1-1     By:  Barrientos                                       S.B. No. 1442
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 29, 1999, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; April 29, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the removal of certain territory from an emergency
 1-9     services district.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter B, Chapter 775, Health and Safety
1-12     Code, is amended by adding Section 775.0235 to read as follows:
1-13           Sec. 775.0235.  REMOVAL OF CERTAIN TERRITORY ON REQUEST OF
1-14     MUNICIPALITY.  (a)  The board shall remove territory from a
1-15     district as provided by this section, on request of a municipality,
1-16     if the territory:
1-17                 (1)  was included in the corporate limits of the
1-18     municipality at the time the territory was first included in the
1-19     district;
1-20                 (2)  is included in any part of a district that is
1-21     composed of two or more territories that are not contiguous to
1-22     each other; and
1-23                 (3)  is surrounded on at least three sides by territory
1-24     inside the municipal boundaries of a municipality with a population
1-25     of 400,000 or more.
1-26           (b)  The board shall, on request of the municipality,
1-27     immediately disannex the territory from the district and shall
1-28     cease to  provide further services to the  residents of that
1-29     territory.
1-30           (c)  On request by the municipality, in connection with a
1-31     disannexation under Subsection (b), the board shall immediately
1-32     disannex all territory in the district that is included in the
1-33     municipality's extraterritorial jurisdiction and shall cease to
1-34     provide further services to the residents of such additional
1-35     territory.
1-36           (d)  The disannexation of territory under this section does
1-37     not diminish or impair the rights of the holders of any outstanding
1-38     and unpaid bonds, warrants, or other obligations of the district.
1-39           (e)  If territory is disannexed under this section, the
1-40     municipality shall compensate the district in an amount equal to
1-41     the disannexed territory's pro rata share of the district's
1-42     indebtedness at the time the territory is  disannexed.  The
1-43     district shall apply compensation received from a municipality
1-44     under this subsection exclusively to the payment of the disannexed
1-45     territory's pro rata share of the district's indebtedness.
1-46           (f)  On the district's request, a municipality shall purchase
1-47     from the district at fair market value any real or personal
1-48     property used to provide emergency services in territory disannexed
1-49     under this section.  If any part of the indebtedness for which the
1-50     district receives compensation under Subsection (e) was for the
1-51     purchase of the real or personal property that the municipality
1-52     purchases under this subsection, the fair market value of that
1-53     property for the purpose of this subsection is reduced by a
1-54     percentage equal to the disannexed territory's pro rata share under
1-55     Subsection (e).
1-56           SECTION 2.  This Act takes effect September 1, 1999.
1-57           SECTION 3.  The importance of this legislation and the
1-58     crowded condition of the calendars in both houses create an
1-59     emergency and an imperative public necessity that the
1-60     constitutional rule requiring bills to be read on three several
1-61     days in each house be suspended, and this rule is hereby suspended.
1-62                                  * * * * *