1-1 By: Carter (Senate Sponsor - Moncrief) H.B. No. 501
1-2 (In the Senate - Received from the House April 9, 2001;
1-3 April 9, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 9, 2001, reported favorably by the
1-5 following vote: Yeas 6, Nays 0; May 9, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the board of managers and the budget of certain 9-1-1
1-9 service districts.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 772.206(a), (c), and (d), Health and
1-12 Safety Code, are amended to read as follows:
1-13 (a) A district is governed by a board of managers consisting
1-14 of:
1-15 (1) one member appointed by the commissioners court of
1-16 the county for which the district is established;
1-17 (2) two members appointed by the governing body of the
1-18 most populous municipality located wholly or partly [entirely] in
1-19 the county for which the district is established, if that
1-20 municipality has a population of more than 150,000, or, if that
1-21 municipality has a population of 150,000 or less, one member
1-22 appointed by the governing body;
1-23 (3) one member appointed by the governing body of the
1-24 second most populous municipality located wholly or partly
1-25 [entirely] in the county for which the district is established;
1-26 (4) one member appointed by the governing body of the
1-27 third most populous municipality located wholly or partly in the
1-28 county for which the district is established [as provided by this
1-29 section to represent the other municipalities located in whole or
1-30 part in the district]; [and]
1-31 (5) one member appointed by the principal service
1-32 supplier;
1-33 (6) one member appointed by the governing body of the
1-34 most populous municipality that is a member of the district and is
1-35 located wholly outside the county for which the district is
1-36 established; and
1-37 (7) one member appointed as provided by this section
1-38 to represent the other municipalities located wholly or partly in
1-39 the district.
1-40 (c) The board member appointed under Subsection (a)(7)
1-41 [(a)(4)] is appointed by the mayor's council established to
1-42 administer urban development block grant funds, if one exists in
1-43 the district. Otherwise, the member is appointed by the other
1-44 members of the board on the advice and recommendation of the
1-45 governing bodies of all the municipalities represented by the
1-46 member. The governing bodies of those municipalities, by agreement
1-47 of their presiding officers, shall set the time and place to meet
1-48 and the procedures for selecting the board member.
1-49 (d) Board members are appointed for staggered terms of two
1-50 years, with as near as possible to one-half of the [three] members'
1-51 terms expiring each year.
1-52 SECTION 2. Section 772.209, Health and Safety Code, is
1-53 amended to read as follows:
1-54 Sec. 772.209. BUDGET; ANNUAL REPORT; AUDIT. (a) The
1-55 director shall prepare under the direction of the board an annual
1-56 budget for the district. To be effective, the budget must:
1-57 (1) be approved by the board;
1-58 (2) be presented to [and approved by] the
1-59 commissioners court of the county in which the majority of the
1-60 district is located;
1-61 (3) be presented to [and approved by] the governing
1-62 body of each [the most populous] municipality eligible to appoint a
1-63 member of the board of managers under Sections 772.206(a)(2)-(4)
1-64 and (6) [located entirely in the county for which the district is
2-1 established, if that municipality has a population of more than
2-2 150,000];
2-3 (4) be presented to [and approved by] the governing
2-4 body of [the second most populous municipality located entirely
2-5 within the county for which the district is established; and]
2-6 [(5) be presented to the governing body of] each other
2-7 participating jurisdiction [and approved by those jurisdictions] as
2-8 provided by Subsection (b); and
2-9 (5) subject to Subsection (c), be approved by a
2-10 majority of the entities to which the budget must be presented
2-11 under Subdivisions (2) through (4).
2-12 (b) For purposes of Subsection (a)(4) [(a)(5)], the proposed
2-13 budget must be presented to:
2-14 (1) [approved by] the mayor's council established to
2-15 administer urban development block grant funds, if one exists in
2-16 the district; or
2-17 (2) if a mayor's council does not exist in the
2-18 district, [. Otherwise, the proposed budget must be approved by a
2-19 majority of] the governing bodies of the other participating
2-20 jurisdictions.
2-21 (c) For the purpose of determining approval by a majority
2-22 under Subsection (a)(5) if the budget is required to be presented
2-23 under Subsection (b)(2), the other participating jurisdictions are
2-24 considered to be acting jointly as one entity.
2-25 (d) A revision of the budget must be approved in the same
2-26 manner as the budget.
2-27 (e) [(d)] As soon as practicable after the end of each
2-28 district fiscal year, the director shall prepare and present to the
2-29 board and to each participating jurisdiction in writing a sworn
2-30 statement of all money received by the district and how the money
2-31 was used during the preceding fiscal year. The report must state
2-32 in detail the operations of the district for the fiscal year
2-33 covered by the report.
2-34 (f) [(e)] The board shall have an independent financial
2-35 audit of the district performed annually.
2-36 SECTION 3. Notwithstanding Section 772.206(d), Health and
2-37 Safety Code, as amended by this Act, the first board member
2-38 appointed under Section 772.206(a)(4), Health and Safety Code, as
2-39 amended by this Act, shall be appointed to a one-year term, and the
2-40 first board member appointed under Section 772.206(a)(6), Health
2-41 and Safety Code, as added by this Act, shall be appointed to a
2-42 two-year term. Thereafter, each board member appointed under
2-43 Section 772.206, Health and Safety Code, serves a two-year term.
2-44 SECTION 4. This Act takes effect September 1, 2001.
2-45 * * * * *