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 * * * * *