1-1 AN ACT
1-2 relating to the creation of fire control, prevention, and emergency
1-3 medical services districts by certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 11, Local Government Code, is
1-6 amended by adding Chapter 344 to read as follows:
1-7 CHAPTER 344. FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL
1-8 SERVICES DISTRICTS
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 344.001. SHORT TITLE. This chapter may be cited as the
1-11 Fire Control, Prevention, and Emergency Medical Services District
1-12 Act.
1-13 Sec. 344.002. DEFINITIONS. In this chapter:
1-14 (1) "Board" means the board of directors of a
1-15 district.
1-16 (2) "Director" means a member of a board.
1-17 (3) "District" means a fire control, prevention, and
1-18 emergency medical services district created under this chapter.
1-19 Sec. 344.003. LIABILITY OF STATE. The state is not
1-20 obligated for the support, maintenance, or dissolution of a
1-21 district created under this chapter.
1-22 (Sections 344.004-344.050 reserved for expansion
1-23 SUBCHAPTER B. CREATION OF DISTRICT AND TEMPORARY BOARD
1-24 Sec. 344.051. AUTHORITY OF MUNICIPALITY TO PROPOSE DISTRICT.
2-1 (a) The governing body of a municipality with a population of not
2-2 less than 25,000 nor more than 550,000, or a municipality with a
2-3 population of more than 1.9 million, may propose the creation of a
2-4 fire control, prevention, and emergency medical services district
2-5 under this chapter.
2-6 (b) The proposed district may include all or any part of the
2-7 municipality.
2-8 (c) Except as provided by Subsection (f), a district may be
2-9 created inside the boundaries of a rural fire prevention district
2-10 operating under Chapter 794, Health and Safety Code, or an
2-11 emergency services district operating under Chapter 775 or 776,
2-12 Health and Safety Code, only if the governing body of the rural
2-13 fire prevention district or the emergency services district gives
2-14 its written consent by order or resolution not later than the 60th
2-15 day after the date the governing body receives a request for its
2-16 consent.
2-17 (d) If the governing body of the rural fire prevention
2-18 district or emergency services district consents to the inclusion
2-19 of territory inside its geographic boundaries, the territory may be
2-20 included in the district in the same manner as other territory is
2-21 included under this chapter.
2-22 (e) The consent of the governing body of the rural fire
2-23 prevention district or emergency services district to include
2-24 territory in the district and to initiate proceedings to create a
2-25 district as prescribed by this chapter expires six months after the
2-26 date on which the consent is given.
2-27 (f) Subsection (c) does not apply if:
3-1 (1) on the effective date of this chapter, the
3-2 municipality is providing fire suppression and prevention services
3-3 and emergency medical services; or
3-4 (2) the fire control, prevention, and emergency
3-5 medical services plan of the proposed district proposes emergency
3-6 services that, on the effective date of this chapter, are not
3-7 provided by any rural fire prevention district or emergency
3-8 services district inside the boundaries of the municipality.
3-9 (g) If the voters in a municipality with a population of
3-10 more than 1.9 million create a fire control, prevention, and
3-11 emergency medical services district under this chapter, the fire
3-12 department shall comply with the minimum standards established by
3-13 the National Fire Protection Association or its successor in
3-14 function regarding fire protection personnel operating at emergency
3-15 incidents.
3-16 Sec. 344.052. TEMPORARY BOARD. (a) Not later than the 60th
3-17 day after the date the governing body proposes to create a district
3-18 under this chapter, the governing body shall appoint seven persons
3-19 to serve as temporary directors of the district. The temporary
3-20 directors must reside in the proposed district.
3-21 (b) Not later than the 75th day after the date the governing
3-22 body proposes to create the district, the temporary board shall
3-23 conduct a meeting to organize the board. The temporary directors
3-24 shall elect one of its members as presiding officer of the board at
3-25 that meeting.
3-26 (c) A temporary director other than the presiding officer
3-27 may designate another person to serve in the director's place.
4-1 (d) The governing body shall fill a vacancy in the office of
4-2 a temporary director in the same manner that it originally filled
4-3 the vacant position.
4-4 (e) The term "governing body" in this section means the
4-5 mayor if the municipality creating the district has a population of
4-6 1.9 million or more.
4-7 Sec. 344.053. ELECTION REQUIRED. A proposed district may be
4-8 created and a district tax may be authorized only if the creation
4-9 and the tax are approved by a majority of the qualified voters of
4-10 the proposed district voting at an election called and held for
4-11 that purpose.
4-12 Sec. 344.054. CONFIRMATION ELECTION ORDER. (a) The
4-13 temporary board may call and hold a confirmation election only
4-14 after the board adopts plans under Section 344.061.
4-15 (b) An order calling an election under Subsection (a) must
4-16 state:
4-17 (1) the nature of the election, including the
4-18 proposition that is to appear on the ballot;
4-19 (2) the date of the election;
4-20 (3) the hours during which the polls will be open;
4-21 (4) the location of the polling places;
4-22 (5) a summary of the proposed district's budget plan
4-23 and fire control, prevention, and emergency medical services plan;
4-24 and
4-25 (6) the proposed rate of the sales and use tax for the
4-26 district.
4-27 Sec. 344.055. SALES AND USE TAX. (a) A municipality that
5-1 creates a district shall adopt a sales and use tax under Section
5-2 321.106, Tax Code, for financing the operation of the district.
5-3 The proposed rate for the district sales and use tax imposed under
5-4 Subchapter B, Chapter 321, Tax Code, may be only:
5-5 (1) one-eighth of one percent;
5-6 (2) one-fourth of one percent;
5-7 (3) three-eighths of one percent; or
5-8 (4) one-half of one percent.
5-9 (b) A sales and use tax adopted under this chapter may be
5-10 charged in addition to any other sales and use tax authorized by
5-11 law, and is included in computing a combined sales and use tax rate
5-12 for purposes of any limitation provided by law on the maximum
5-13 combined sales and use tax rate of political subdivisions.
5-14 Sec. 344.056. NOTICE OF ELECTION. In addition to the notice
5-15 required by Section 4.003(c), Election Code, the temporary
5-16 directors of a proposed district shall give notice of an election
5-17 to create a district by publishing a substantial copy of the
5-18 election order in a newspaper with general circulation in the
5-19 proposed district once a week for two consecutive weeks. The first
5-20 publication must appear before the 35th day before the date set for
5-21 the election.
5-22 Sec. 344.057. ELECTION DATE. The election shall be held on
5-23 the next uniform election date authorized by Section 41.001(a),
5-24 Election Code, after the date on which the election is ordered that
5-25 affords sufficient time for election procedures to be carried out.
5-26 Sec. 344.058. BALLOT PROPOSITION. The ballot for an
5-27 election to create a district shall be printed to permit voting for
6-1 or against the proposition: "The creation of the ______ (name of
6-2 the municipality proposing to create the district) Fire Control,
6-3 Prevention, and Emergency Medical Services District dedicated to
6-4 fire safety and emergency medical services programs and the
6-5 adoption of a proposed local sales and use tax at a rate of _______
6-6 (rate specified in the election order)."
6-7 Sec. 344.059. CANVASSING RETURNS. (a) Not earlier than the
6-8 second day and not later than the 13th day after the date of the
6-9 election, the temporary board shall meet and canvass the returns of
6-10 the election.
6-11 (b) If a majority of the votes cast in the election favor
6-12 the creation of the district, the temporary board shall issue an
6-13 order declaring the district created.
6-14 (c) If less than a majority of the votes cast in the
6-15 election favor the creation of the district, the temporary board
6-16 may order another election on the matter not earlier than the first
6-17 anniversary of the date of the preceding election.
6-18 Sec. 344.060. DISSOLUTION OF TEMPORARY BOARD. If a district
6-19 has not been created under this chapter before the fifth
6-20 anniversary of the date a district is first proposed by the
6-21 governing body or mayor, as appropriate, under Section 344.051:
6-22 (1) the temporary board is dissolved on that date; and
6-23 (2) the proposed district may not be created under
6-24 this chapter.
6-25 Sec. 344.061. FIRE CONTROL, PREVENTION, AND EMERGENCY
6-26 MEDICAL SERVICES PLAN AND BUDGET PLAN. (a) The temporary board
6-27 shall develop and adopt a two-year fire control, prevention, and
7-1 emergency medical services plan and a two-year budget plan. The
7-2 fire control, prevention, and emergency medical services plan must
7-3 include:
7-4 (1) a detailed list of the fire control, prevention,
7-5 and emergency medical services strategies to be supported by the
7-6 district; and
7-7 (2) the method of evaluating each year the
7-8 effectiveness and efficiency of individual fire control,
7-9 prevention, and emergency medical services strategies.
7-10 (b) The budget plan must include:
7-11 (1) the amount of money budgeted by the district for
7-12 each fire control, prevention, and emergency medical services
7-13 strategy;
7-14 (2) the amount of money budgeted by the district and
7-15 the percentage of the total budget of the district for
7-16 administration, with individual amounts showing the cost of the
7-17 administration that would be conducted by the district and the cost
7-18 of administration that would be conducted by private or public
7-19 entities;
7-20 (3) the estimated amount of money available to the
7-21 district from all sources during the subsequent year;
7-22 (4) the account balances expected at the end of the
7-23 years for which the budget is prepared; and
7-24 (5) the estimated tax rate that will be required to
7-25 support the budget.
7-26 (c) Plans under this section must be adopted in the same
7-27 manner as provided for adoption of a proposed annual budget under
8-1 Section 344.204.
8-2 (d) The temporary board shall coordinate its efforts in
8-3 developing its plans under this section with appropriate local
8-4 officials and entities.
8-5 Sec. 344.062. FINANCING CREATION OF DISTRICT. (a) A
8-6 municipality creating a district shall pay the entire cost of
8-7 creating the district.
8-8 (b) If a district is created, the district shall reimburse
8-9 the municipality for the actual expenses the municipality incurred
8-10 in the creation of the district.
8-11 (Sections 344.063-344.100 reserved for expansion
8-12 SUBCHAPTER C. ADMINISTRATION
8-13 Sec. 344.101. BOARD OF DIRECTORS. (a) Except as provided
8-14 by Subsections (e) and (f), a district is governed by a board of
8-15 seven directors appointed in the same manner as provided by Section
8-16 344.052(a) for the appointment of temporary directors.
8-17 (b) Initial appointees under this section shall draw lots to
8-18 determine their terms so that:
8-19 (1) three directors serve terms that expire on
8-20 September 1 of the first year following creation of the district;
8-21 and
8-22 (2) four directors serve terms that expire on
8-23 September 1 of the second year following creation of the district.
8-24 (c) Directors serve staggered two-year terms.
8-25 (d) A vacancy in the office of director shall be filled for
8-26 the unexpired term in the same manner that the vacant position was
8-27 originally filled.
9-1 (e) The governing body of a municipality by resolution may
9-2 appoint the governing body's membership as the board of directors
9-3 of the district, if the appointment is approved by the voters in a
9-4 creation election or continuation referendum under this chapter. A
9-5 member of a governing body appointed under this section as an ex
9-6 officio director serves a term concurrent with the member's term as
9-7 a member of the governing body.
9-8 (f) In a district for which the governing body of the
9-9 municipality does not serve as the district's board of directors,
9-10 the governing body may create a board of directors for which one
9-11 director is appointed by each member of the governing body to serve
9-12 at the pleasure of that member for a term not to exceed two years
9-13 and that expires when the member of the governing body that
9-14 appointed the director leaves office.
9-15 Sec. 344.102. PERFORMANCE BOND. (a) Before assuming the
9-16 duties of the office, each director or officer must execute a bond
9-17 for $5,000 payable to the district, conditioned on the faithful
9-18 performance of the person's duties as director or officer.
9-19 (b) The bond shall be kept in the permanent records of the
9-20 district.
9-21 (c) The board may pay for the bonds of directors or officers
9-22 with district funds.
9-23 (d) The board and the district may issue and sell bonds
9-24 conditioned on the faithful performance of a person's duties as a
9-25 director as provided by this section.
9-26 Sec. 344.103. OFFICERS. (a) The board shall elect from
9-27 among its members a president and vice president.
10-1 (b) The board shall appoint a secretary. The secretary may
10-2 be a director.
10-3 (c) The person who performs the duties of auditor for the
10-4 municipality shall serve as treasurer of the district.
10-5 (d) Each officer of the board serves for a term of one year.
10-6 (e) A vacancy in a board office shall be filled by the board
10-7 for the unexpired term.
10-8 Sec. 344.104. COMPENSATION. A director or officer serves
10-9 without compensation, but a director or officer may be reimbursed
10-10 for actual expenses incurred in the performance of official duties.
10-11 Those expenses must be reported in the district's minute book or
10-12 other district record and must be approved by the board.
10-13 Sec. 344.105. VOTING REQUIREMENT. A concurrence of a
10-14 majority of the members of the board is necessary in matters
10-15 relating to the business of a district. A two-thirds majority vote
10-16 of the board is required to reject any application for funding
10-17 available under this chapter.
10-18 Sec. 344.106. CONTRACT FOR ADMINISTRATIVE ASSISTANCE. The
10-19 board may contract with a public agency or private vendor to assist
10-20 the board in the administration or management of the district or to
10-21 assist the board in the review of applications for funding
10-22 available under this chapter.
10-23 (Sections 344.107-344.150 reserved for expansion
10-24 SUBCHAPTER D. POWERS AND DUTIES
10-25 Sec. 344.151. FINANCING DISTRICT PROGRAMS. (a) The
10-26 district may finance all costs of a fire control, prevention, and
10-27 emergency medical services district program, including costs for
11-1 personnel, administration, expansion, enhancement, and capital
11-2 expenditures.
11-3 (b) The program may include:
11-4 (1) fire apparatus and equipment;
11-5 (2) a bomb disposal unit and related equipment;
11-6 (3) compensation of fire protection and prevention
11-7 personnel for specialized training regarding:
11-8 (A) arson;
11-9 (B) bomb disposal;
11-10 (C) hazardous materials;
11-11 (D) technical rescue;
11-12 (E) paramedic certification; and
11-13 (F) any other specialized training under the
11-14 program;
11-15 (4) funding for turn-out gear, self-contained
11-16 breathing apparatus, and protective uniforms or other firefighter
11-17 safety equipment;
11-18 (5) additional compensation for municipal
11-19 fire-fighting personnel, including overtime compensation for
11-20 unforeseen staffing needs; and
11-21 (6) funding for the construction and maintenance of
11-22 fire stations, training facilities, or the equipment needed for
11-23 those stations or facilities.
11-24 (c) The program may include an enhanced emergency
11-25 communications center or other emergency communications programs
11-26 and equipment, including:
11-27 (1) emergency medical dispatch training;
12-1 (2) additional fire and emergency medical service
12-2 dispatchers;
12-3 (3) uniformed fire deployment and communications
12-4 officers;
12-5 (4) real-time weather information; and
12-6 (5) computer databases and systems maintenance
12-7 personnel for hazardous materials responses.
12-8 (d) The program may include a public training program,
12-9 including:
12-10 (1) a juvenile fire starter program;
12-11 (2) an urban survival program, including school
12-12 programs for fire safety, gun safety, and safety with strangers;
12-13 (3) a fire prevention program;
12-14 (4) a fire education program;
12-15 (5) a hazardous materials education program;
12-16 (6) a psychological intervention program; and
12-17 (7) a citizen's ride-along program or home inspection
12-18 program.
12-19 (e) The program may include public preventive health
12-20 programs, including:
12-21 (1) juvenile inoculations;
12-22 (2) weekend health days;
12-23 (3) first aid and cardiopulmonary resuscitation
12-24 training;
12-25 (4) injury prevention; and
12-26 (5) drug and alcohol awareness.
12-27 (f) The program may include response training programs,
13-1 equipment, facilities, and instructors, including:
13-2 (1) a regional training center for fire, rescue,
13-3 hazardous materials, and emergency medical services;
13-4 (2) staff personnel to support the center;
13-5 (3) equipment and apparatus to support the center;
13-6 (4) computer-aided continuing education training
13-7 conducted in-station; and
13-8 (5) training regarding hazardous material storage and
13-9 response.
13-10 (g) The program may include computers and other systems to
13-11 support information management systems to:
13-12 (1) maintain occupancy information;
13-13 (2) track incident analyses;
13-14 (3) track incident reports;
13-15 (4) track internal communications and reporting;
13-16 (5) maintain inventory; and
13-17 (6) serve other information management needs.
13-18 (h) The program may include capital items needed to improve
13-19 emergency response and increase service efficiency, including
13-20 equipment, apparatus, vehicles, and training material or equipment.
13-21 Sec. 344.152. COORDINATION; EVALUATION; GRANTS. (a) The
13-22 district shall coordinate its efforts with local agencies in
13-23 developing its fire control, prevention, and emergency medical
13-24 services program.
13-25 (b) The district shall conduct an annual evaluation program
13-26 to study the impact, efficiency, and effectiveness of new or
13-27 expanded fire control, prevention, and emergency medical services
14-1 programs.
14-2 (c) The board may seek the assistance of the Office of
14-3 State-Federal Relations in identifying and applying for federal
14-4 grants for fire control, prevention, and emergency medical services
14-5 programs.
14-6 (d) The district may apply for and receive grants for fire
14-7 control, prevention, and emergency medical services programs from a
14-8 state or federal agency.
14-9 Sec. 344.153. GENERAL BOARD POWER OVER FUNDS. The board
14-10 shall manage, control, and administer the district finances except
14-11 as provided by Section 344.205.
14-12 Sec. 344.154. USE OF REVENUE. The board may spend revenue
14-13 derived from the sales and use tax distributed under Section
14-14 321.106, Tax Code, only for a purpose authorized by Section
14-15 344.151.
14-16 Sec. 344.155. RULES AND PROCEDURES. (a) A board may adopt
14-17 rules governing programs financed by the district and the functions
14-18 of district staff.
14-19 (b) The board may prescribe accounting and control
14-20 procedures for the district.
14-21 (c) The board is subject to Chapter 2001, Government Code.
14-22 Sec. 344.156. PURCHASING. (a) Except as provided by
14-23 Subsection (b), the board may prescribe the method of making
14-24 purchases and expenditures by and for the district.
14-25 (b) To the extent competitive bidding procedures in Title 8
14-26 apply, the board may not enter into a purchasing contract for more
14-27 than $15,000 unless the board complies with Chapter 252.
15-1 (c) If the municipality that created the district has a
15-2 purchasing agent authorized by law, that agent shall serve as
15-3 purchasing agent for the district.
15-4 Sec. 344.157. PROPERTY TO BE USED IN ADMINISTRATION. The
15-5 board may lease or acquire in another manner facilities, equipment,
15-6 or other property for the sole purpose of administering the
15-7 district.
15-8 Sec. 344.158. REIMBURSEMENT FOR SERVICES. (a) A county or
15-9 municipality located outside the boundaries of a district on the
15-10 district's request shall reimburse the district for the district's
15-11 cost of including a resident of that county or municipality who is
15-12 not a resident of that district in a district program.
15-13 (b) On behalf of the district, the board may contract with a
15-14 municipal or county government or with the state or federal
15-15 government for the municipal, county, state, or federal government
15-16 to reimburse the district for including a person in a district
15-17 program.
15-18 Sec. 344.159. SERVICE CONTRACTS. The board may contract
15-19 with the following entities to furnish the staff, facilities,
15-20 equipment, programs, or services the board considers necessary for
15-21 the effective operation of the district:
15-22 (1) a municipality, county, special district, or other
15-23 political subdivision of the state;
15-24 (2) a state or federal agency;
15-25 (3) an individual; or
15-26 (4) a private person.
15-27 Sec. 344.160. DONATIONS, GIFTS, AND ENDOWMENTS. On behalf
16-1 of the district, the board or the temporary board may accept a
16-2 donation, gift, or endowment. The district may hold a donation,
16-3 gift, or endowment in trust for any purpose and under any
16-4 direction, limitation, or other provision prescribed in writing by
16-5 the donor that is consistent with this chapter and the proper
16-6 management of the district.
16-7 Sec. 344.161. AUTHORITY TO SUE AND BE SUED. The board may
16-8 sue and be sued in the name of the district.
16-9 (Sections 344.162-344.200 reserved for expansion
16-10 SUBCHAPTER E. DISTRICT FINANCES
16-11 Sec. 344.201. FISCAL YEAR. (a) The board shall establish
16-12 the fiscal year for the district, and the district shall operate on
16-13 the basis of that year.
16-14 (b) The fiscal year may not be changed more than once in a
16-15 24-month period.
16-16 Sec. 344.202. AUDITS AND DISTRICT RECORDS. (a) The board
16-17 shall have an annual audit made of the financial condition of the
16-18 district by an independent auditor.
16-19 (b) The annual audit and other district records shall be
16-20 open to inspection during regular business hours at the principal
16-21 office of the district.
16-22 Sec. 344.203. ANNUAL BUDGET PROPOSAL. (a) The board shall
16-23 propose an annual budget. The board shall consider the
16-24 applications for program funding in preparing the proposed budget.
16-25 (b) The proposed budget must contain a complete financial
16-26 statement, including a statement of:
16-27 (1) the outstanding obligations of the district;
17-1 (2) the amount of cash on hand to the credit of each
17-2 fund of the district;
17-3 (3) the amount of money received by the district from
17-4 all sources during the previous year;
17-5 (4) the estimated amount of money available to the
17-6 district from all sources during the current fiscal year;
17-7 (5) the amount of money needed to fund programs
17-8 approved for funding by the board;
17-9 (6) the amount of money requested for programs that
17-10 were not approved for funding by the board;
17-11 (7) the tax rate for the next fiscal year;
17-12 (8) the amount of the balances expected at the end of
17-13 the year in which the budget is being prepared; and
17-14 (9) the estimated amount of revenues and balances
17-15 available to cover the proposed budget.
17-16 Sec. 344.204. ADOPTION OF BUDGET. (a) Not later than the
17-17 100th day before the date each fiscal year begins, the board shall
17-18 hold a public hearing to consider the proposed annual budget.
17-19 (b) The board shall publish notice of the hearing in a
17-20 newspaper with general circulation in the district not later than
17-21 the 10th day before the date of the hearing.
17-22 (c) A resident of the district is entitled to participate in
17-23 the hearing.
17-24 (d) Not later than the 80th day before the date each fiscal
17-25 year begins, the board shall adopt a budget. The board may make
17-26 any changes in the proposed budget that the interests of the
17-27 taxpayers demand.
18-1 (e) Not later than the 10th day after the date the budget is
18-2 adopted, the board shall submit the budget to the governing body of
18-3 the municipality that created the district.
18-4 (f) The board by rule may adopt alternative procedures for
18-5 adopting a budget that differ from the procedures outlined in this
18-6 subchapter. The board must hold at least one public hearing
18-7 related to the alternative procedures before their adoption.
18-8 Sec. 344.205. APPROVAL OF BUDGET. (a) Not later than the
18-9 45th day before the date each fiscal year begins, the governing
18-10 body of the municipality that created the district shall hold a
18-11 public hearing to consider the budget adopted by the board and
18-12 submitted to the governing body.
18-13 (b) The governing body must publish notice of the hearing in
18-14 a newspaper with general circulation in the district not later than
18-15 the 10th day before the date of the hearing.
18-16 (c) A resident of the district is entitled to participate in
18-17 the hearing.
18-18 (d) Not later than the 30th day before the date the fiscal
18-19 year begins, the governing body shall approve or reject the budget
18-20 submitted by the board. The governing body may not amend the
18-21 budget.
18-22 (e) If the governing body rejects the budget submitted by
18-23 the board, the governing body and the board shall meet and together
18-24 amend and approve the budget before the beginning of the fiscal
18-25 year.
18-26 (f) The budget may be amended after the beginning of the
18-27 fiscal year on approval by the board and the governing body.
19-1 Sec. 344.206. LIMITATIONS ON EXPENDITURES AND INVESTMENTS.
19-2 (a) The district may spend money only for an expense included in
19-3 the annual budget or an amendment to the budget.
19-4 (b) A district may not incur a debt payable from revenues of
19-5 the district other than the revenues on hand or to be on hand in
19-6 the current or immediately following fiscal year of the district.
19-7 (c) The board may not invest district money in funds or
19-8 securities other than those specified by Chapter 2256, Government
19-9 Code.
19-10 Sec. 344.207. ACCOUNT OF DISBURSEMENTS OF DISTRICT. Not
19-11 later than the 60th day after the last day of each fiscal year, an
19-12 administrator shall prepare for the board a sworn statement of the
19-13 amount of money that belongs to the district and an account of the
19-14 disbursements of that money.
19-15 Sec. 344.208. DEPOSIT OF MONEY. (a) The board shall
19-16 deposit district money in a special account in the treasury of the
19-17 municipality that created the district.
19-18 (b) District money, other than that invested as provided by
19-19 Section 344.206(c), shall be deposited as received in the treasury
19-20 of the municipality and must remain on deposit.
19-21 (c) The board shall reimburse the municipality for any
19-22 costs, other than personnel costs, the municipality incurs for
19-23 performing the duties under this section.
19-24 Sec. 344.209. APPLICATIONS FOR PROGRAM FUNDING. (a) An
19-25 officer of the municipality that created the district or the head
19-26 of a department of that municipality may, with the consent of the
19-27 governing body of the municipality, apply to the board for funding
20-1 of a program described by Section 344.151.
20-2 (b) The officer must apply under this section not later than
20-3 the 140th day before the date the fiscal year begins, unless the
20-4 board by rule has adopted an exception.
20-5 (c) The board by rule may adopt application procedures.
20-6 Sec. 344.210. BONDS PROHIBITED. The board may not issue or
20-7 sell general obligation bonds, revenue bonds, or refunding bonds.
20-8 (Sections 344.211-344.250 reserved for expansion
20-9 SUBCHAPTER F. REFERENDUM ON CONTINUATION OR DISSOLUTION OF DISTRICT
20-10 Sec. 344.251. REFERENDUM AUTHORIZED. (a) The board may
20-11 call and hold a referendum election on the question of whether to:
20-12 (1) continue the district; or
20-13 (2) dissolve the district.
20-14 (b) A board may order a referendum election on its own
20-15 motion.
20-16 (c) The board shall order a referendum election:
20-17 (1) on receipt of a petition that requests
20-18 continuation or dissolution of the district and complies with the
20-19 requirements of Sections 344.252-344.256; or
20-20 (2) if the governing body of the municipality that
20-21 created the district, after notice and a public hearing on the
20-22 matter, by resolution requests a referendum on continuation or
20-23 dissolution.
20-24 (d) The board may not hold a referendum election under this
20-25 subchapter before the fifth anniversary of the date the district
20-26 was created or before the third anniversary of the date of the last
20-27 continuation or dissolution referendum election.
21-1 (e) For a continuation referendum election, the ballot shall
21-2 be printed to permit voting for or against the proposition:
21-3 "Whether the ____________ (name of the municipality that created
21-4 the district) Fire Control, Prevention, and Emergency Medical
21-5 Services District should be continued and whether the fire control,
21-6 prevention, and emergency medical services district sales and use
21-7 tax should be continued."
21-8 (f) For a dissolution referendum, the ballot shall be
21-9 printed to permit voting for or against the proposition: "Whether
21-10 the ____________ (name of the municipality that created the
21-11 district) Fire Control, Prevention, and Emergency Medical Services
21-12 District should be dissolved and whether the fire control,
21-13 prevention, and emergency medical services district sales and use
21-14 tax should be abolished."
21-15 (g) The governing body of a municipality that creates a
21-16 district under this chapter may specify the number of years for
21-17 which the district should be continued. The board or the governing
21-18 body of a municipality may continue a district for 5, 10, 15, or 20
21-19 years. For a continuation referendum election under this
21-20 subsection, the ballot shall be printed to permit voting for or
21-21 against the proposition: "Whether the ______ (name of the
21-22 municipality that created the district) Fire Control, Prevention,
21-23 and Emergency Medical Services District should be continued for
21-24 ______ years and whether the fire control, prevention, and
21-25 emergency medical services district sales and use tax should be
21-26 continued for _____ years."
21-27 Sec. 344.252. APPLICATION FOR PETITION. (a) On written
22-1 application of 10 or more registered voters of the district, the
22-2 clerk of the municipality that created the district shall issue to
22-3 the applicants a petition to be circulated among registered voters
22-4 for their signatures.
22-5 (b) An application for a petition to continue the district
22-6 must contain:
22-7 (1) the heading: "Application for a Petition for a
22-8 Local Option Referendum to Continue the Fire Control, Prevention,
22-9 and Emergency Medical Services District and to Continue the Fire
22-10 Control, Prevention, and Emergency Medical Services District Sales
22-11 and Use Tax";
22-12 (2) the statement: "Whether the ______ (name of the
22-13 municipality that created the district) Fire Control, Prevention,
22-14 and Emergency Medical Services District should be continued and
22-15 whether the fire control, prevention, and emergency medical
22-16 services district sales and use tax should be continued";
22-17 (3) immediately above the signatures of the
22-18 applicants, the statement: "It is the purpose and intent of the
22-19 applicants whose signatures appear below that the fire control,
22-20 prevention, and emergency medical services district be continued
22-21 and that the fire control, prevention, and emergency medical
22-22 services district sales and use tax in ___________ (name of the
22-23 municipality that created the district) be continued"; and
22-24 (4) the printed name, signature, residence address,
22-25 and voter registration certificate number of each applicant.
22-26 (c) An application for a petition to dissolve the district
22-27 must contain:
23-1 (1) the heading: "Application for a Petition for a
23-2 Local Option Referendum to Dissolve the Fire Control, Prevention,
23-3 and Emergency Medical Services District and to Abolish the Fire
23-4 Control, Prevention, and Emergency Medical Services District Sales
23-5 and Use Tax";
23-6 (2) the statement: "Whether the ___________ (name of
23-7 the municipality that created the district) Fire Control,
23-8 Prevention, and Emergency Medical Services District should be
23-9 dissolved and whether the fire control, prevention, and emergency
23-10 medical services district sales and use tax should be abolished";
23-11 (3) immediately above the signatures of the
23-12 applicants, the statement: "It is the purpose and intent of the
23-13 applicants whose signatures appear below that the fire control,
23-14 prevention, and emergency medical services district be dissolved
23-15 and that the fire control, prevention, and emergency medical
23-16 services district sales and use tax in ___________ (name of the
23-17 municipality that created the district) be abolished"; and
23-18 (4) the printed name, signature, residence address,
23-19 and voter registration certificate number of each applicant.
23-20 Sec. 344.253. PETITION. (a) A petition for a referendum to
23-21 continue a district must contain:
23-22 (1) the heading: "Petition for a Local Option
23-23 Referendum to Continue the ____________ (name of the municipality
23-24 that created the district) Fire Control, Prevention, and Emergency
23-25 Medical Services District and to Continue the Fire Control,
23-26 Prevention, and Emergency Medical Services District Sales and Use
23-27 Tax";
24-1 (2) a statement of the issue to be voted on in the
24-2 same words used in the application;
24-3 (3) immediately above the signatures of the
24-4 petitioners, the statement: "It is the purpose and intent of the
24-5 petitioners whose signatures appear below that the fire control,
24-6 prevention, and emergency medical services district be continued
24-7 and that the fire control, prevention, and emergency medical
24-8 services district sales and use tax in ___________ (name of the
24-9 municipality that created the district) be continued";
24-10 (4) lines and spaces for the names, signatures,
24-11 residence addresses, and voter registration certificate numbers of
24-12 the petitioners; and
24-13 (5) the date of issuance, the serial number, and the
24-14 seal of the clerk of the municipality on each page.
24-15 (b) A petition for a referendum to dissolve a district must
24-16 contain:
24-17 (1) the heading: "Petition for a Local Option
24-18 Referendum to Dissolve the __________ (name of the municipality
24-19 that created the district) Fire Control, Prevention, and Emergency
24-20 Medical Services District and to Abolish the Fire Control,
24-21 Prevention, and Emergency Medical Services District Sales and Use
24-22 Tax";
24-23 (2) a statement of the issue to be voted on in the
24-24 same words used in the application;
24-25 (3) immediately above the signatures of the
24-26 petitioners, the statement: "It is the purpose and intent of the
24-27 petitioners whose signatures appear below that the fire control,
25-1 prevention, and emergency medical services district be dissolved
25-2 and that the fire control, prevention, and emergency medical
25-3 services district sales and use tax in ___________ (name of the
25-4 municipality that created the district) be abolished";
25-5 (4) lines and spaces for the names, signatures,
25-6 residence addresses, and voter registration certificate numbers of
25-7 the petitioners; and
25-8 (5) the date of issuance, the serial number, and the
25-9 seal of the clerk of the municipality on each page.
25-10 Sec. 344.254. COPIES OF APPLICATION AND PETITION. The clerk
25-11 or secretary of the municipality shall keep an application and a
25-12 copy of the petition in the files of the clerk's or secretary's
25-13 office. The clerk shall issue to the applicants as many copies as
25-14 they request.
25-15 Sec. 344.255. FILING OF PETITION. To form the basis for the
25-16 ordering of a referendum, the petition must:
25-17 (1) be filed with the clerk or secretary of the
25-18 municipality not later than the 60th day after the date of its
25-19 issuance; and
25-20 (2) contain at least a number of signatures of
25-21 registered voters of the municipality equal to five percent of the
25-22 number of votes cast in the municipality for all candidates for
25-23 governor in the most recent gubernatorial general election.
25-24 Sec. 344.256. REVIEW BY CLERK OR SECRETARY. (a) The clerk
25-25 or secretary of the municipality shall, on the request of any
25-26 person, check each name on a petition to determine whether the
25-27 signer is a registered voter of the district. A person requesting
26-1 verification by the clerk or secretary of the municipality shall
26-2 pay the clerk or secretary a sum equal to 20 cents for each name on
26-3 the petition before the verification begins.
26-4 (b) The clerk or secretary of the municipality may not count
26-5 a signature if the clerk or secretary has a reason to believe that:
26-6 (1) it is not the actual signature of the purported
26-7 signer;
26-8 (2) the voter registration certificate number is not
26-9 correct;
26-10 (3) it is a duplication either of a name or of
26-11 handwriting used in any other signature on the petition;
26-12 (4) the residence address of the signer is not
26-13 correct; or
26-14 (5) the name of the voter is not signed exactly as it
26-15 appears on the official copy of the current list of registered
26-16 voters for the voting year in which the petition is issued.
26-17 Sec. 344.257. CERTIFICATION. Not later than the 40th day
26-18 after the date a petition is filed, excluding Saturdays, Sundays,
26-19 and legal holidays, the clerk or secretary of the municipality
26-20 shall certify to the board the number of registered voters signing
26-21 the petition.
26-22 Sec. 344.258. ELECTION ORDER. (a) The board shall record
26-23 on its minutes the date the petition is filed and the date it is
26-24 certified by the clerk or secretary of the municipality.
26-25 (b) If the petition contains the required number of
26-26 signatures and is in proper order, the board shall, at its next
26-27 regular session after the certification by the clerk or secretary
27-1 of the municipality, order a referendum election to be held at the
27-2 regular polling place in each election precinct in the municipality
27-3 on the next uniform election date authorized by Section 41.001(a),
27-4 Election Code, that occurs at least 20 days after the date of the
27-5 order.
27-6 (c) The board shall state in the order the proposition to be
27-7 voted on in the referendum election. The order is prima facie
27-8 evidence of compliance with all provisions necessary to give it
27-9 validity.
27-10 Sec. 344.259. APPLICABILITY OF ELECTION CODE. A referendum
27-11 election authorized by this subchapter shall be held and the
27-12 returns shall be prepared and canvassed in conformity with the
27-13 Election Code.
27-14 Sec. 344.260. RESULTS OF REFERENDUM. (a) If less than a
27-15 majority of the votes cast in a continuation referendum election
27-16 are for the continuation of a district or if a majority of the
27-17 votes cast in a dissolution referendum are for dissolution of the
27-18 district:
27-19 (1) the board shall certify that fact to the secretary
27-20 of state not later than the 10th day after the date of the canvass
27-21 of the returns; and
27-22 (2) the district is dissolved and ceases to operate.
27-23 (b) If a majority of the votes cast in a continuation
27-24 referendum election are for the continuation of the district or if
27-25 less than a majority of the votes cast in a dissolution referendum
27-26 election are for dissolution of the district, another referendum
27-27 may not be held except as authorized by Section 344.251.
28-1 Sec. 344.261. ELECTION CONTEST. Not later than the 30th day
28-2 after the date the result of a referendum is declared, any
28-3 qualified voter of the district may contest the election by filing
28-4 a petition in a district court located in the district.
28-5 (Sections 344.262-344.300 reserved for expansion
28-6 SUBCHAPTER G. DISTRICT DISSOLUTION
28-7 Sec. 344.301. TIME FOR DISSOLUTION OF DISTRICT. (a) A
28-8 district is dissolved five years after the date the municipality
28-9 began to impose taxes for district purposes if the district has not
28-10 held a continuation or dissolution referendum.
28-11 (b) The district is dissolved on the fifth anniversary of
28-12 the date of the most recent continuation or dissolution referendum.
28-13 (c) Subsection (b) does not apply to a district that is
28-14 continued under Section 344.251(g), and that district is dissolved
28-15 on the expiration of the period for which it was continued.
28-16 Sec. 344.302. DISSOLUTION OF DISTRICT. (a) On the date
28-17 that the district is dissolved, the district shall convey or
28-18 transfer, as provided by Subsection (h):
28-19 (1) title to land, buildings, real and tangible
28-20 improvements, and equipment owned by the district;
28-21 (2) operating money and reserves for operating
28-22 expenses and money that has been budgeted by the district for the
28-23 remainder of the fiscal year in which the district is dissolved to
28-24 support fire control, prevention, and emergency medical services
28-25 activities and programs for residents of the municipality that
28-26 created the district;
28-27 (3) taxes imposed for the district during the current
29-1 year for fire control, prevention, and emergency medical services
29-2 purposes;
29-3 (4) each fund established for payment of indebtedness
29-4 assumed by the district; and
29-5 (5) any money accumulated in an employee retirement
29-6 fund.
29-7 (b) After the date the district is dissolved, taxes may not
29-8 be imposed for district purposes or for providing fire control,
29-9 prevention, and emergency medical services activities and programs
29-10 for the residents of the district.
29-11 (c) If on the date that the district is dissolved the
29-12 district has outstanding short-term or long-term liabilities, the
29-13 board shall, not later than the 30th day after the date of the
29-14 dissolution, adopt a resolution certifying each outstanding
29-15 short-term and long-term liability. The municipality that created
29-16 the district shall assume the outstanding short-term and long-term
29-17 liabilities. The municipality shall collect the sales and use tax
29-18 under Chapter 321, Tax Code, for the remainder of the calendar year
29-19 and may by resolution of its governing body continue to collect the
29-20 tax for an additional calendar year if the revenue from the tax is
29-21 needed to retire liabilities of the district that were assumed by
29-22 the municipality. The governing body shall notify the comptroller
29-23 of this continuation not later than the 60th day before the date
29-24 the tax would otherwise expire. A tax collected after the
29-25 liabilities have been retired shall be transferred or conveyed as
29-26 provided by Subsection (a).
29-27 (d) The district and the board may continue to operate for a
30-1 period not to exceed two months after carrying out the
30-2 responsibilities required by Subsections (a) and (c). The board
30-3 and the district are continued for the purpose of satisfying these
30-4 responsibilities.
30-5 (e) If the board and the district are continued under
30-6 Subsection (d), the board and district are dissolved entirely on
30-7 the first day of the month following the month in which the board
30-8 issues an order certifying to the secretary of state that the
30-9 responsibilities of Subsections (a) and (c) are satisfied.
30-10 (f) A district or board that continues to operate under
30-11 Subsection (d) may not incur any new liabilities without the
30-12 approval of the governing body of the municipality that created the
30-13 district. Not later than the 60th day after the date of the
30-14 dissolution referendum, the governing body shall review the
30-15 outstanding liabilities of the district and set a specific date by
30-16 which the municipality must retire the district's outstanding
30-17 liabilities.
30-18 (g) On the date that the district is dissolved, programs
30-19 funded by the district shall immediately terminate and personnel
30-20 paid from district funds, except personnel required to retire the
30-21 responsibilities of the district, are terminated.
30-22 (h) The board shall convey or transfer the value of the
30-23 items described by Subsection (a) to the municipality that created
30-24 the district.
30-25 SECTION 2. Subchapter B, Chapter 321, Tax Code, is amended
30-26 by adding Section 321.106 to read as follows:
30-27 Sec. 321.106. FIRE CONTROL DISTRICT TAX. (a) Subject to an
31-1 election held in accordance with Chapter 344, Local Government
31-2 Code, a municipality in which a fire control, prevention, and
31-3 emergency medical services district is established shall adopt a
31-4 sales and use tax in the area of the district for the purpose of
31-5 financing the operation of the fire control, prevention, and
31-6 emergency medical services district. The revenue from the tax may
31-7 be used only for the purpose of financing the operation of the fire
31-8 control, prevention, and emergency medical services district. The
31-9 proposition for adopting a tax under this section and the
31-10 proposition for creation of a fire control, prevention, and
31-11 emergency medical services district shall be submitted at the same
31-12 election. For purposes of Section 321.101, a tax under this
31-13 section is not an additional sales and use tax.
31-14 (b) A tax adopted for a district under this section for
31-15 financing the operation of the district may be decreased in
31-16 increments of one-eighth of one percent by order of the board of
31-17 directors of the district.
31-18 (c) The rate of a tax adopted for a district under this
31-19 section may be increased in increments of one-eighth of one
31-20 percent, not to exceed a total tax rate of one-half percent, for
31-21 financing the operation of the fire control, prevention, and
31-22 emergency medical services district by order of the board of
31-23 directors of the fire control, prevention, and emergency medical
31-24 services district if approved by a majority of the qualified voters
31-25 voting at an election called by the board and held in the district
31-26 on the question of increasing the tax rate. At the election, the
31-27 ballot shall be printed to provide for voting for or against the
32-1 proposition: "The increase of the __________ (name of the
32-2 municipality that created the district) Fire Control, Prevention,
32-3 and Emergency Medical Services District sales and use tax rate to
32-4 ______ percent." If there is an increase or decrease under this
32-5 section in the rate of a tax imposed under this section, the new
32-6 rate takes effect on the first day of the next calendar quarter
32-7 after the expiration of one calendar quarter after the comptroller
32-8 receives notice of the increase or decrease. However, if the
32-9 comptroller notifies the president of the board of directors of the
32-10 district in writing within 10 days after receipt of the
32-11 notification that the comptroller requires more time to implement
32-12 reporting and collection procedures, the comptroller may delay
32-13 implementation of the rate change for one calendar quarter, and the
32-14 new rate takes effect on the first day of the calendar quarter that
32-15 follows the elapsed quarter.
32-16 (d) The comptroller shall remit to the municipality amounts
32-17 collected at the rate imposed under this section as part of the
32-18 regular allocation of other municipal tax revenue collected by the
32-19 comptroller. The municipality shall remit that amount to the
32-20 district. A retailer may not be required to use allocation and
32-21 reporting procedures in the collection of taxes under this section
32-22 that are different from the procedures that retailers use in the
32-23 collection of other sales and use taxes under this chapter. An
32-24 item, transaction, or service that is taxable in a municipality
32-25 under a sales or use tax authorized by another section of this
32-26 chapter is taxable under this section. An item, transaction, or
32-27 service that is not taxable in a municipality under a sales or use
33-1 tax authorized by another section of this chapter is not taxable
33-2 under this section.
33-3 (e) If, in a municipality where a fire control, prevention,
33-4 and emergency medical services district is composed of the whole
33-5 municipality, a municipal sales and use tax or a municipal sales
33-6 and use tax rate increase for the purpose of financing a fire
33-7 control, prevention, and emergency medical services district is
33-8 approved, the municipality is responsible for distributing to the
33-9 district that portion of the municipal sales and use tax revenue
33-10 received from the comptroller that is to be used for the purposes
33-11 of financing the fire control, prevention, and emergency medical
33-12 services district. Not later than the 10th day after the date the
33-13 municipality receives money under this section from the
33-14 comptroller, the municipality shall make the distribution in the
33-15 proportion that the fire control, prevention, and emergency medical
33-16 services portion of the tax rate bears to the total sales and use
33-17 tax rate of the municipality. The amounts distributed to a fire
33-18 control, prevention, and emergency medical services district are
33-19 not considered to be sales and use tax revenue for the purpose of
33-20 property tax reduction and computation of the municipal tax rate
33-21 under Section 26.041.
33-22 (f) For purposes of the tax imposed under this section, a
33-23 reference in this chapter to the municipality as the territory in
33-24 which the tax or an incident of the tax applies means only the
33-25 territory located in the fire control, prevention, and emergency
33-26 medical services district, if that district is composed of an area
33-27 less than an entire municipality.
34-1 (g) The comptroller may adopt rules and the municipality's
34-2 governing body may adopt orders to administer this section.
34-3 SECTION 3. This Act takes effect June 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1096 was passed by the House on May
3, 2001, by the following vote: Yeas 108, Nays 35, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1096 on May 24, 2001, by the following vote: Yeas 130, Nays 0,
2 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1096 was passed by the Senate, with
amendments, on May 21, 2001, by the following vote: Yeas 29, Nays
1, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor