SRC-BWC H.B. 3191 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3191
By: Puente (Van de Putte)
Intergovernmental Relations
5/5/2001
Engrossed


DIGEST AND PURPOSE 

The City of San Antonio is concerned about the implications to its
annexation policy if emergency service districts (district) are created
within the city's extraterritorial jurisdiction (ETJ).  Current law
requires a municipality that annexes a portion of a district to compensate
the district in the amount equal to the annexed territory's pro rata share
of the district's indebtedness at the time the territory is annexed. H.B.
3191 provides a municipality the ability to negotiate conditions for
including territory in its ETJ in a district.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 775.013(a), Health and Safety Code, to require a
petition prescribed by Section 775.011 or 775.012 to show the name of each
municipality whose consent is required to be obtained under Section
775.014. 

SECTION 2.  Amends Section 775.014, Health and Safety Code, to require a
written request to be included in the district to be presented to the
municipality's governing body after the petition if filed under Section
775.015, before a district may be created that contains territory in a
municipality's limits or extraterritorial jurisdiction.  Authorizes the
governing body of a municipality with a population of more than one million
to negotiate with the commissioners court of a county with a population of
less than 1.4 million that is the county in which the majority of the
territory inside the municipality will grant its consent to the inclusion
of its extraterritorial jurisdiction in the district.  Authorizes the
negotiated conditions to limit the district's ability to incur debt,
require the district to ensure that its equipment is compatible with the
municipality's equipment, and require the district to enter into mutual aid
agreements.  Requires a request submitted under this section to a
municipality described by this section to include certain information.   

SECTION 3.  Amends Section 775.016(c), Health and Safety Code, to provide
that the commissioners court has exclusive jurisdiction to determine each
issue relating to the creation of the district, including any matters
negotiated with a consenting municipality under Section 775.014(h), and
authorizes the commissioners court to issue incidental orders it considers
proper in relation to the issues before the commissioners court. 

SECTION 4.  Amends Section 775.017(a), Health and Safety Code, to require
the commissioners court to grant the petition, fix the districts
boundaries, and impose any conditions negotiated under Section 775.014(h),
if after the hearing the commissioners court finds that creation of the
district is feasible and will promote the public safety, welfare, health,
and convenience of person residing in the proposed district. 

SECTION 5.  Amends Section 775.018(a), Health and Safety Code, to require
any condition  negotiated under Section 775.014(h) to be included on the
election ballot. 

SECTION 6.  Amends Section 775.019, Health and Safety Code, to prohibit a
district from including territory in a municipality's limits or
extraterritorial jurisdiction unless a majority of the voters residing in
that territory who vote at the election vote in favor of creating the
district subject to any conditions negotiated under Section 775.014(h) and
imposing a tax.  Requires any conditions that were negotiated under Section
775.014(h) and included on the ballot to be included in the order entered
under this section. 

SECTION 7.  Amends Section 775.031, Health and Safety Code, by adding
Subsection (e) to provide that in the event of a conflict between a power
granted under this chapter and a condition imposed in accordance with
Section 775.019(f), the condition controls. 

SECTION 8.  Effective date: September 1, 2001.