By Carter H.B. No. 501
77R3054 ATP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the board of managers and the budget of certain 9-1-1
1-3 service districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 772.206(a), (c), and (d), Health and
1-6 Safety Code, are amended to read as follows:
1-7 (a) A district is governed by a board of managers consisting
1-8 of:
1-9 (1) one member appointed by the commissioners court of
1-10 the county for which the district is established;
1-11 (2) two members appointed by the governing body of the
1-12 most populous municipality located wholly or partly [entirely] in
1-13 the county for which the district is established, if that
1-14 municipality has a population of more than 150,000, or, if that
1-15 municipality has a population of 150,000 or less, one member
1-16 appointed by the governing body;
1-17 (3) one member appointed by the governing body of the
1-18 second most populous municipality located wholly or partly
1-19 [entirely] in the county for which the district is established;
1-20 (4) one member appointed by the governing body of the
1-21 third most populous municipality located wholly or partly in the
1-22 county for which the district is established [as provided by this
1-23 section to represent the other municipalities located in whole or
1-24 part in the district]; [and]
2-1 (5) one member appointed by the principal service
2-2 supplier;
2-3 (6) one member appointed by the governing body of the
2-4 most populous municipality that is a member of the district and is
2-5 located wholly outside the county for which the district is
2-6 established; and
2-7 (7) one member appointed as provided by this section
2-8 to represent the other municipalities located wholly or partly in
2-9 the district.
2-10 (c) The board member appointed under Subsection (a)(7)
2-11 [(a)(4)] is appointed by the mayor's council established to
2-12 administer urban development block grant funds, if one exists in
2-13 the district. Otherwise, the member is appointed by the other
2-14 members of the board on the advice and recommendation of the
2-15 governing bodies of all the municipalities represented by the
2-16 member. The governing bodies of those municipalities, by agreement
2-17 of their presiding officers, shall set the time and place to meet
2-18 and the procedures for selecting the board member.
2-19 (d) Board members are appointed for staggered terms of two
2-20 years, with as near as possible to one-half of the [three] members'
2-21 terms expiring each year.
2-22 SECTION 2. Section 772.209, Health and Safety Code, is
2-23 amended to read as follows:
2-24 Sec. 772.209. BUDGET; ANNUAL REPORT; AUDIT. (a) The
2-25 director shall prepare under the direction of the board an annual
2-26 budget for the district. To be effective, the budget must:
2-27 (1) be approved by the board;
3-1 (2) be presented to [and approved by] the
3-2 commissioners court of the county in which the majority of the
3-3 district is located;
3-4 (3) be presented to [and approved by] the governing
3-5 body of each [the most populous] municipality eligible to appoint a
3-6 member of the board of managers under Section 772.206(a)(2)-(4) and
3-7 (6) [located entirely in the county for which the district is
3-8 established, if that municipality has a population of more than
3-9 150,000];
3-10 (4) be presented to [and approved by] the governing
3-11 body of [the second most populous municipality located entirely
3-12 within the county for which the district is established; and]
3-13 [(5) be presented to the governing body of] each other
3-14 participating jurisdiction [and approved by those jurisdictions] as
3-15 provided by Subsection (b); and
3-16 (5) subject to Subsection (d), be approved by a
3-17 majority of the entities to which the budget must be presented
3-18 under Subdivisions (2) through (4).
3-19 (b) For purposes of Subsection (a)(4) [(a)(5)], the proposed
3-20 budget must be presented to:
3-21 (1) [approved by] the mayor's council established to
3-22 administer urban development block grant funds, if one exists in
3-23 the district; or
3-24 (2) if a mayor's council does not exist in the
3-25 district, [. Otherwise, the proposed budget must be approved by a
3-26 majority of] the governing bodies of the other participating
3-27 jurisdictions.
4-1 (c) For the purpose of determining approval by a majority
4-2 under Subsection (a)(5) if the budget is required to be presented
4-3 under Subsection (b)(2), the other participating jurisdictions are
4-4 considered to be acting jointly as one entity.
4-5 (d) [(c)] A revision of the budget must be approved in the
4-6 same manner as the budget.
4-7 (e) [(d)] As soon as practicable after the end of each
4-8 district fiscal year, the director shall prepare and present to the
4-9 board and to each participating jurisdiction in writing a sworn
4-10 statement of all money received by the district and how the money
4-11 was used during the preceding fiscal year. The report must state
4-12 in detail the operations of the district for the fiscal year
4-13 covered by the report.
4-14 (f) [(e)] The board shall have an independent financial
4-15 audit of the district performed annually.
4-16 SECTION 3. Notwithstanding Section 772.206(d) as amended by
4-17 this Act, the first board member appointed under Section
4-18 772.206(a)(4), Health and Safety Code, as amended by this Act,
4-19 shall be appointed to a one-year term and the first board member
4-20 appointed under Section 772.206(a)(6) shall be appointed to a
4-21 two-year term. Thereafter, each board member appointed under
4-22 Section 772.206, Health and Safety Code, serves a two-year term.
4-23 SECTION 4. This Act takes effect September 1, 2001.