HBA-CMT C.S.H.B. 3191 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3191 By: Puente County Affairs 4/1/2001 Committee Report (Substituted) BACKGROUND 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. C.S.H.B. 3191 provides a municipality the ability to negotiate conditions for including territory in its ETJ in a district. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 3191 amends the Health and Safety Code to require a petition for the creation of an emergency services district (district) to show the name of each municipality whose consent must be obtained. The bill provides that before a district that contains territory in a municipality's limits or extraterritorial jurisdiction is authorized to be created, a written request to be included in the district must be presented to the municipality's governing body after a petition is filed. A request submitted under the provisions of the bill must include a copy of the petition and a sufficient legal description of the portion of the municipality and its extraterritorial jurisdiction that would be included in the district territory. The bill provides that in a county with a population of less than 1.4 million, the governing body of a municipality with a population of more than one million is authorized to negotiate with the commissioners court of the county the conditions under which its consent to the inclusion of its extraterritorial jurisdiction in the district is granted. The bill provides that negotiated conditions are authorized to limit the district's ability to incur debt, require the district to ensure that its equipment is compatible with the municipality's, and require the district to enter mutual aid agreements. The bill provides that the commissioners court has exclusive jurisdiction to determine any matters negotiated with a consenting municipality. If after a hearing to consider the petition, the commissioners court finds that the creation of a district is feasible and will promote the public safety, welfare, health, and convenience of persons residing in the proposed district, the commissioners court is required to impose any conditions negotiated pursuant to the aformentioned negotiation provisions. The bill prohibits a district from including territory in a municipality's limits or extraterritorial jurisdiction unless a majority of the voters residing in that territory vote in favor of creating the district subject to any conditions negotiated. Any conditions that were negotiated and not included on the ballot must be included in the commissioners court order creating the district. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3191 modifies the original bill by adding that in a county with a population of less than 1.4 million, the governing body of a municipality with a population of more than one million is authorized to negotiate with the commissioner court of the county the conditions for the inclusion of its extraterritorial jurisdiction in the district. The substitute conforms to Texas Legislative Council style and format.