1-1     By:  Lucio                                            S.B. No. 1609
 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 12, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 5, Nays 0;
 1-6     April 12, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1609                   By:  Nixon
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to emergency services districts.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subsection (b), Section 775.012, Health and
1-13     Safety Code, is amended to read as follows:
1-14           (b)  The name of the district proposed by the petition must
1-15     be "____________ Emergency Services District No. _______."  The
1-16     name of each county must be inserted in the first blank, and the
1-17     next available district number must be inserted into the second
1-18     blank.
1-19           SECTION 2.  Subsection (g), Section 775.014, Health and
1-20     Safety Code, is amended to read as follows:
1-21           (g)  This section does not apply if the proposed district
1-22     contains territory in [is wholly within] the unincorporated area of
1-23     a county with [that has] a population of 2.4 million or more
1-24     [according to the most recent federal decennial census].
1-25           SECTION 3.  Subsection (b), Section 775.018, Health and
1-26     Safety Code, is amended to read as follows:
1-27           (b)  If a proposed district is located wholly in a county
1-28     with a population of more than 2.4 million, the commissioners court
1-29     shall order an election to confirm the district's creation and
1-30     authorize the imposition of an ad valorem tax not to exceed three
1-31     cents on each $100 of the taxable value of property taxable by the
1-32     district[, except that if the petition seeks conversion of a rural
1-33     fire prevention district into an emergency services district, the
1-34     election must be to authorize the imposition of an ad valorem tax
1-35     not to exceed six cents on each $100 of the taxable value of
1-36     property taxable by the district].  For the purposes of this
1-37     subsection, the population of the county is determined according to
1-38     the most recent federal decennial census available at the time the
1-39     petition is filed.
1-40           SECTION 4.  Subsections (a) and (c), Section 775.022, Health
1-41     and Safety Code, are amended to read as follows:
1-42           (a)  If a municipality annexes territory in a district, the
1-43     board shall, on receipt of a written request of the municipality,
1-44     immediately disannex the territory from the district and shall
1-45     cease to provide further services to the residents of that
1-46     territory.
1-47           (c)  If a municipality annexes a portion of a district, the
1-48     municipality shall compensate the district in an amount equal to
1-49     the annexed territory's pro rata share of the district's bonded and
1-50     other indebtedness based on the unpaid principal balances and the
1-51     actual property values at the time the territory is annexed.  The
1-52     district shall apply compensation received from a municipality
1-53     under this subsection exclusively to the payment of the annexed
1-54     territory's pro rata share of the district's bonded and other
1-55     indebtedness.
1-56           SECTION 5.  Subsections (a) and (b), Section 775.031, Health
1-57     and Safety Code, are amended to read as follows:
1-58           (a)  A district is a political subdivision of the state.  To
1-59     perform the functions of the district and to provide emergency
1-60     services, a district may:
1-61                 (1)  acquire, purchase, hold, lease, manage, occupy,
1-62     and sell real and personal property or an interest in property;
1-63                 (2)  enter into and perform necessary contracts;
1-64                 (3)  appoint and employ necessary officers, agents, and
 2-1     employees;
 2-2                 (4)  sue and be sued;
 2-3                 (5)  impose and collect taxes as prescribed by this
 2-4     chapter;
 2-5                 (6)  accept and receive donations;
 2-6                 (7)  lease, own, maintain, operate, and provide
 2-7     emergency services vehicles and other necessary or proper
 2-8     apparatus, instrumentalities, equipment, and machinery to provide
 2-9     emergency services;
2-10                 (8)  construct, lease, own, and maintain real property,
2-11     improvements, and fixtures necessary to house, repair, and maintain
2-12     emergency services vehicles and equipment;
2-13                 (9)  contract with other entities, including other
2-14     districts or municipalities, to make emergency services facilities
2-15     and emergency services available to the district;
2-16                 (10)  contract with other entities, including other
2-17     districts or municipalities, for reciprocal operation of services
2-18     and facilities if the contracting parties find that reciprocal
2-19     operation would be mutually beneficial and not detrimental to the
2-20     district; [and]
2-21                 (11)  borrow money; and
2-22                 (12)  perform other acts necessary to carry out the
2-23     intent of this chapter.
2-24           (b)  A district located wholly within a county with a
2-25     population of more than 2.4 million may not provide fire prevention
2-26     or fire-fighting services unless the district was originally a
2-27     rural fire prevention district and was converted under Section
2-28     794.100 [775.056].
2-29           SECTION 6.  Subsection (a), Section 775.034, Health and
2-30     Safety Code, is amended to read as follows:
2-31           (a)  The commissioners court of a county in which a
2-32     single-county district is located shall appoint a five-member board
2-33     of emergency services commissioners to serve as the district's
2-34     governing body.  To be qualified to serve as a member of the board
2-35     a person must be at least 18 years of age, a resident citizen of
2-36     the state, and a qualified voter within areas served by the
2-37     district or the owner of land subject to taxation in the district.
2-38     Except as prescribed by Subsection (b), commissioners serve
2-39     two-year terms.
2-40           SECTION 7.  Subsections (b) and (h), Section 775.035, Health
2-41     and Safety Code, are amended to read as follows:
2-42           (b)  After a district located in more than one county is
2-43     created, the county judges of each county in the district shall
2-44     mutually establish a convenient day provided by Section 41.001,
2-45     Election Code [in November, other than the date of the general
2-46     election for state and county officers], to conduct an election to
2-47     elect the initial emergency services commissioners.
2-48           (h)  The general election for commissioner shall be held
2-49     annually on an authorized uniform election date as provided by
2-50     Chapter 41, Election Code.  The board may change the election date
2-51     from one authorized election date to another authorized election
2-52     date and shall adjust the terms of office to conform to the new
2-53     election date.
2-54           SECTION 8.  Section 775.036, Health and Safety Code, is
2-55     amended by amending Subsection (b) and by adding Subsections (e)
2-56     and (f) to read as follows:
2-57           (b)  The board may adopt and enforce a fire code, including
2-58     fines for any violations, that does not conflict with a fire code
2-59     adopted by another political subdivision that also contains within
2-60     its boundaries any portion of the land contained in the district
2-61     and may require inspections in the district relating to the causes
2-62     and prevention of fires and medical emergencies, except as provided
2-63     by Section 775.031(b).  The board may not enforce the district's
2-64     fire code within the boundaries of a municipality that has adopted
2-65     a fire code.  The board of a district located wholly within a
2-66     county with a population of 2.4 million or more may not adopt a
2-67     fire code or a fine for a violation of the district's fire code
2-68     unless the commissioners court of the county consents to the
2-69     adoption of the code or fine.
 3-1           (e)  Chapter 551, Government Code, does not apply to a
 3-2     meeting of a committee:
 3-3                 (1)  of the board if less than a board quorum attends;
 3-4     or
 3-5                 (2)  composed of representatives of more than one
 3-6     board, if less than a quorum of any of the boards attends.
 3-7           (f)  Each January, the board shall publish the street address
 3-8     of the district's administrative office in eight-point type in the
 3-9     legal notices section of a newspaper of general circulation in the
3-10     district.  In a district's first year of operation, the board shall
3-11     publish the notice not later than the 60th day after the date the
3-12     initial board is appointed.
3-13           SECTION 9.  Section 775.040, Health and Safety Code, is
3-14     amended to read as follows:
3-15           Sec. 775.040.  FEES FOR PROVIDING SERVICES.  A district, or a
3-16     person authorized by contract on the district's behalf, may charge
3-17     a reasonable fee for emergency services performed for or on behalf
3-18     of a person or entity, including a fee for responding to a false
3-19     alarm or for a fire code inspection.
3-20           SECTION 10.  Subchapter C, Chapter 775, Health and Safety
3-21     Code, is amended by adding Sections 775.041 and 775.042 to read as
3-22     follows:
3-23           Sec. 775.041.  FEE PAYMENT AND COLLECTION.  (a)  A fee
3-24     imposed by a district under Section 775.040 must be paid within a
3-25     reasonable amount of time as established by the district.
3-26           (b)  If the fee has not been paid in the amount of time
3-27     established by the district, the district may collect the fee by
3-28     filing a complaint in the appropriate court of jurisdiction in the
3-29     county in which the district's principal office or meeting place is
3-30     located.
3-31           (c)  If the district prevails in any suit to collect the fee,
3-32     it may, in the same action, recover reasonable fees for attorneys,
3-33     expert witnesses, and other costs incurred by the district in the
3-34     suit.  The court shall determine the amount of the attorney's fees.
3-35           Sec. 775.042.  REMOVAL OF BOARD MEMBER.  (a)   A board may
3-36     remove a member if:
3-37                 (1)  the member is absent from more than half of the
3-38     regularly scheduled board meetings that the member is eligible to
3-39     attend during a calendar year without an excuse approved by a
3-40     majority vote of the board; and
3-41                 (2)  the other members of the board unanimously vote to
3-42     remove that member.
3-43           (b)  Not later than the 30th day after the date of a vote to
3-44     remove a member under Subsection (a), that member may file a
3-45     written appeal for reinstatement to the commissioners court of the
3-46     county in which a single-county district is located or, if the
3-47     district is located in more than one county, the commissioners
3-48     court of the county where the member resides.  The court may
3-49     reinstate the member if it finds the removal unwarranted after
3-50     considering:
3-51                 (1)  a reason for an absence;
3-52                 (2)  the time and place of a missed meeting;
3-53                 (3)  the business conducted at a missed meeting; and
3-54                 (4)  any other factors or circumstances the court
3-55     considers relevant.
3-56           (c)  The validity of a board action is not affected because
3-57     it is taken when a ground for removal of a board member exists.
3-58           SECTION 11.  Section 775.071, Health and Safety Code, is
3-59     amended to read as follows:
3-60           Sec. 775.071.  LIMITATION ON INDEBTEDNESS.  Except as
3-61     provided by Section 775.051, Section 775.072, [and] Sections
3-62     775.077-775.081, and Section 775.085, a district may not contract
3-63     for an amount of indebtedness in any one year that is in excess of
3-64     the funds then on hand and anticipated [or that may be paid from
3-65     current] revenues for the year.
3-66           SECTION 12.  Section 775.0741, Health and Safety Code, is
3-67     amended to read as follows:
3-68           Sec. 775.0741.  AD VALOREM TAX IN DISTRICT LOCATED WHOLLY IN
3-69     POPULOUS COUNTY.  (a)  This section applies only to [The board of]
 4-1     a district located wholly in a county with a population of more
 4-2     than 2.4 million [shall prepare annually a budget for the district
 4-3     and shall submit the budget to the commissioners court of the
 4-4     county for approval.  The budget shall be treated in the same
 4-5     manner as a budget submitted by a county agency or department].
 4-6           (b)  The board [commissioners court] shall annually impose an
 4-7     ad valorem tax on all real and personal property located in the
 4-8     district and subject to district taxation for the district's
 4-9     support and the purposes authorized by this chapter.
4-10           (c)  The tax may not exceed three cents on each $100 of the
4-11     taxable value of property taxable by the district.  If the district
4-12     was originally a rural fire prevention district and was converted
4-13     under Section 794.100 [775.056], the tax may not exceed six cents
4-14     on each $100 of the taxable value of property taxable by the
4-15     district.
4-16           (d)  In setting and certifying the tax rate, the board
4-17     [commissioners court] is subject to [the same duties that are
4-18     imposed on a board by] Sections 775.074(b) through (e).
4-19           [(e)  The funds collected under this section shall be
4-20     deposited in a county depository except as provided by Section
4-21     775.072(b).]
4-22           SECTION 13.  Subchapter E, Chapter 775, Health and Safety
4-23     Code, is amended by adding Section 775.085 to read as follows:
4-24           Sec. 775.085.  LOAN FOR EMERGENCY SERVICES EQUIPMENT.
4-25     (a)  The board, on the behalf of the district, may borrow money and
4-26     make other financial arrangements to purchase emergency services
4-27     equipment in the amount and subject to a rate of interest or other
4-28     conditions the board considers advisable.
4-29           (b)  To secure a loan under this section, the board may
4-30     pledge:
4-31                 (1)  tax revenues or funds on hand that are not
4-32     otherwise pledged to pay a debt of the district; or
4-33                 (2)  the equipment acquired with the borrowed money.
4-34           (c)  If tax revenues are pledged to pay a loan, the loan must
4-35     mature not later than the fifth anniversary of the date the loan is
4-36     made.
4-37           SECTION 14.  Subsection (f), Section 775.074, Health and
4-38     Safety Code, is repealed.
4-39           SECTION 15.  (a)  This Act takes effect September 1, 1999.
4-40           (b)  The changes in law made by Section 6 of this Act in the
4-41     qualifications of, and the prohibitions applying to, members of the
4-42     emergency services commissioners board do not affect the
4-43     entitlement of a member serving on the board immediately before the
4-44     effective date of this Act to continue to carry out the board's
4-45     functions for the remainder of the member's term.  The changes in
4-46     law apply only to a member appointed on or after the effective date
4-47     of this Act.  This Act does not prohibit a person who is a member
4-48     of the board on the effective date of this Act from being
4-49     reappointed to the board if the person has the qualifications
4-50     required for a member under Section 775.034, Health and Safety
4-51     Code, as amended by this Act.
4-52           SECTION 16.  The importance of this legislation and the
4-53     crowded condition of the calendars in both houses create an
4-54     emergency and an imperative public necessity that the
4-55     constitutional rule requiring bills to be read on three several
4-56     days in each house be suspended, and this rule is hereby suspended.
4-57                                  * * * * *