SRC-JEC S.B. 1712 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1712
By: Van de Putte
Intergovernmental Relations
4/9/2001
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 1712 amends regulations regarding emergency service
districts composed of areas in a municipality's limits or extraterritorial
jurisdiction. 

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, Health and Safety Code, to require the
petition prescribed by Section 775.011 or 775.012 to show the names of all
municipalities whose consent must be sought under Section 775.014. 

SECTION 2.  Amends Section 775.014, Health and Safety Code, to provide that
before a district can be created that contains territory in a
municipality's limits or extraterritorial jurisdiction, a written request
to be included in the district must be presented to the governing body of
the municipality, after a petition is filed under Section 775.015.
Authorizes the governing body of a municipality to negotiate conditions
under which its consent to the inclusion of its extraterritorial
jurisdiction is granted with the commissioners court of the county which
has authority to create the proposed district.  Sets forth issues that the
negotiations may address.  Requires a request submitted under this section
to include a copy of the petition submitted under Section 775.015 and a
sufficient legal description of that portion of the municipality or its
extraterritorial jurisdiction which would be included within the district's
boundaries. 

SECTION 3.  Amends Section 775.016, Health and Safety Code, to provide that
the commissioners court has exclusive jurisdiction to determine issues
relating to the creation of the district, including any matters negotiated
with a consenting municipality under Section 775.014(h). 

SECTION 4.  Amends Section 775.017, Health and Safety Code, to require the
commissioners court to impose any conditions negotiated under Section
775.014(h) if the petition is granted. 

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

SECTION 6.  Amends Section 775.019, Health and Safety Code, as follows:  

(b) Prohibits 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. 

(f) Requires any conditions which 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 is controlling. 

SECTION 8.  Effective date: September 1, 2001.