By Luna H.B. No. 1096
77R4208 ATP-F
A BILL TO BE ENTITLED
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 more
2-2 than 100,000 may propose the creation of a fire control,
2-3 prevention, and emergency medical services district under this
2-4 chapter.
2-5 (b) The proposed district may include all or any part of the
2-6 municipality.
2-7 Sec. 344.052. TEMPORARY BOARD. (a) Not later than the 60th
2-8 day after the date the governing body proposes to create a district
2-9 under this chapter, the governing body shall appoint seven persons
2-10 to serve as temporary directors of the district. The temporary
2-11 directors must reside in the proposed district.
2-12 (b) Not later than the 75th day after the date the governing
2-13 body proposes to create the district, the temporary board shall
2-14 conduct a meeting to organize the board. The temporary directors
2-15 shall elect one of its members as presiding officer of the board at
2-16 that meeting.
2-17 (c) A temporary director other than the presiding officer
2-18 may designate another person to serve in the director's place.
2-19 (d) The governing body shall fill a vacancy in the office of
2-20 a temporary director in the same manner that it originally filled
2-21 the vacant position.
2-22 Sec. 344.053. ELECTION REQUIRED. A proposed district may be
2-23 created and a district tax may be authorized only if the creation
2-24 and the tax are approved by a majority of the qualified voters of
2-25 the proposed district voting at an election called and held for
2-26 that purpose.
2-27 Sec. 344.054. CONFIRMATION ELECTION ORDER. (a) The
3-1 temporary board may call and hold a confirmation election only
3-2 after the board adopts plans under Section 344.061.
3-3 (b) An order calling an election under Subsection (a) must
3-4 state:
3-5 (1) the nature of the election, including the
3-6 proposition that is to appear on the ballot;
3-7 (2) the date of the election;
3-8 (3) the hours during which the polls will be open;
3-9 (4) the location of the polling places;
3-10 (5) a summary of the proposed district's budget plan
3-11 and fire control, prevention, and emergency medical services plan;
3-12 and
3-13 (6) the proposed rate of the sales and use tax for the
3-14 district.
3-15 Sec. 344.055. SALES AND USE TAX. (a) A municipality that
3-16 creates a district shall adopt a sales and use tax under Section
3-17 321.106, Tax Code, for financing the operation of the district.
3-18 The proposed rate for the district sales and use tax imposed under
3-19 Subchapter B, Chapter 321, Tax Code, may be only:
3-20 (1) one-eighth of one percent;
3-21 (2) one-fourth of one percent;
3-22 (3) three-eighths of one percent; or
3-23 (4) one-half of one percent.
3-24 (b) A sales and use tax adopted under this chapter may be
3-25 charged in addition to any other sales and use tax authorized by
3-26 law and is not included in computing a combined sales and use tax
3-27 rate for purposes of any limitation provided by law on the maximum
4-1 combined sales and use tax rate of political subdivisions.
4-2 Sec. 344.056. NOTICE OF ELECTION. In addition to the notice
4-3 required by Section 4.003(c), Election Code, the temporary
4-4 directors of a proposed district shall give notice of an election
4-5 to create a district by publishing a substantial copy of the
4-6 election order in a newspaper with general circulation in the
4-7 proposed district once a week for two consecutive weeks. The first
4-8 publication must appear before the 35th day before the date set for
4-9 the election.
4-10 Sec. 344.057. ELECTION DATE. (a) The election shall be
4-11 held after the 34th day and before the 61st day after the date on
4-12 which the election is ordered.
4-13 (b) Section 41.001(a), Election Code, does not apply to a
4-14 confirmation election under this chapter.
4-15 Sec. 344.058. BALLOT PROPOSITION. The ballot for an
4-16 election to create a district shall be printed to permit voting for
4-17 or against the proposition: "The creation of the ______ (name of
4-18 the municipality proposing to create the district) Fire Control,
4-19 Prevention, and Emergency Medical Services District dedicated to
4-20 fire safety and emergency medical services programs and the
4-21 adoption of a proposed local sales and use tax at a rate of _______
4-22 (rate specified in the election order)."
4-23 Sec. 344.059. CANVASSING RETURNS. (a) Not earlier than the
4-24 second day and not later than the 13th day after the date of the
4-25 election, the temporary board shall meet and canvass the returns of
4-26 the election.
4-27 (b) If a majority of the votes cast in the election favor
5-1 the creation of the district, the temporary board shall issue an
5-2 order declaring the district created.
5-3 (c) If less than a majority of the votes cast in the
5-4 election favor the creation of the district, the temporary board
5-5 may order another election on the matter not earlier than the first
5-6 anniversary of the date of the preceding election.
5-7 Sec. 344.060. DISSOLUTION OF TEMPORARY BOARD. If a district
5-8 has not been created under this chapter before the fifth
5-9 anniversary of the date a district is first proposed by the
5-10 governing body under Section 344.051:
5-11 (1) the temporary board is dissolved on that date; and
5-12 (2) the proposed district may not be created under
5-13 this chapter.
5-14 Sec. 344.061. FIRE CONTROL, PREVENTION, AND EMERGENCY
5-15 MEDICAL SERVICES PLAN AND BUDGET PLAN. (a) The temporary board
5-16 shall develop and adopt a two-year fire control, prevention, and
5-17 emergency medical services plan and a two-year budget plan. The
5-18 fire control, prevention, and emergency medical services plan must
5-19 include:
5-20 (1) a detailed list of the fire control, prevention,
5-21 and emergency medical services strategies to be supported by the
5-22 district; and
5-23 (2) the method of evaluating each year the
5-24 effectiveness and efficiency of individual fire control,
5-25 prevention, and emergency medical services strategies.
5-26 (b) The budget plan must include:
5-27 (1) the amount of money budgeted by the district for
6-1 each fire control, prevention, and emergency medical services
6-2 strategy;
6-3 (2) the amount of money budgeted by the district and
6-4 the percentage of the total budget of the district for
6-5 administration, with individual amounts showing the cost of the
6-6 administration that would be conducted by the district and the cost
6-7 of administration that would be conducted by private or public
6-8 entities;
6-9 (3) the estimated amount of money available to the
6-10 district from all sources during the subsequent year;
6-11 (4) the account balances expected at the end of the
6-12 years for which the budget is prepared; and
6-13 (5) the estimated tax rate that will be required to
6-14 support the budget.
6-15 (c) Plans under this section must be adopted in the same
6-16 manner as provided for adoption of a proposed annual budget under
6-17 Section 344.204.
6-18 (d) The temporary board shall coordinate its efforts in
6-19 developing its plans under this section with appropriate local
6-20 officials and entities.
6-21 Sec. 344.062. FINANCING CREATION OF DISTRICT. (a) A
6-22 municipality creating a district shall pay the entire cost of
6-23 creating the district.
6-24 (b) If a district is created, the district shall reimburse
6-25 the municipality for the actual expenses the municipality incurred
6-26 in the creation of the district.
6-27 (Sections 344.063-344.100 reserved for expansion
7-1 SUBCHAPTER C. ADMINISTRATION
7-2 Sec. 344.101. BOARD OF DIRECTORS. (a) Except as provided
7-3 by Subsections (f) and (g), a district is governed by a board of
7-4 seven directors appointed in the same manner as provided by Section
7-5 344.052(a) for the appointment of temporary directors.
7-6 (b) Initial appointees under this section shall draw lots to
7-7 determine their terms so that:
7-8 (1) three directors serve terms that expire on
7-9 September 1 of the first year following creation of the district;
7-10 and
7-11 (2) four directors serve terms that expire on
7-12 September 1 of the second year following creation of the district.
7-13 (c) Directors serve staggered two-year terms.
7-14 (d) A vacancy in the office of director shall be filled for
7-15 the unexpired term in the same manner that the vacant position was
7-16 originally filled.
7-17 (e) A member of the board is not liable for civil damages or
7-18 criminal prosecution for any act performed in good faith in the
7-19 execution of the member's duties as a director or for an action
7-20 taken by the board.
7-21 (f) The governing body of a municipality by resolution may
7-22 appoint the governing body's membership as the board of directors
7-23 of the district, if the appointment is approved by the voters in a
7-24 creation election or continuation referendum under this chapter. A
7-25 member of a governing body appointed under this section as an ex
7-26 officio director serves a term concurrent with the member's term as
7-27 a member of the governing body.
8-1 (g) In a district for which the governing body of the
8-2 municipality does not serve as the district's board of directors,
8-3 the governing body may create a board of directors for which one
8-4 director is appointed by each member of the governing body to serve
8-5 at the pleasure of that member for a term not to exceed two years
8-6 and that expires when the member of the governing body that
8-7 appointed the director leaves office.
8-8 Sec. 344.102. PERFORMANCE BOND. (a) Before assuming the
8-9 duties of the office, each director or officer must execute a bond
8-10 for $5,000 payable to the district, conditioned on the faithful
8-11 performance of the person's duties as director or officer.
8-12 (b) The bond shall be kept in the permanent records of the
8-13 district.
8-14 (c) The board may pay for the bonds of directors or officers
8-15 with district funds.
8-16 (d) The board and the district may issue and sell bonds
8-17 conditioned on the faithful performance of a person's duties as a
8-18 director as provided by this section.
8-19 Sec. 344.103. OFFICERS. (a) The board shall elect from
8-20 among its members a president and vice president.
8-21 (b) The board shall appoint a secretary. The secretary may
8-22 be a director.
8-23 (c) The person who performs the duties of auditor for the
8-24 municipality shall serve as treasurer of the district.
8-25 (d) Each officer of the board serves for a term of one year.
8-26 (e) A vacancy in a board office shall be filled by the board
8-27 for the unexpired term.
9-1 Sec. 344.104. COMPENSATION. A director or officer serves
9-2 without compensation, but a director or officer may be reimbursed
9-3 for actual expenses incurred in the performance of official duties.
9-4 Those expenses must be reported in the district's minute book or
9-5 other district record and must be approved by the board.
9-6 Sec. 344.105. VOTING REQUIREMENT. A concurrence of a
9-7 majority of the members of the board is necessary in matters
9-8 relating to the business of a district. A two-thirds majority vote
9-9 of the board is required to reject any application for funding
9-10 available under this chapter.
9-11 Sec. 344.106. CONTRACT FOR ADMINISTRATIVE ASSISTANCE. The
9-12 board may contract with a public agency or private vendor to assist
9-13 the board in the administration or management of the district or to
9-14 assist the board in the review of applications for funding
9-15 available under this chapter.
9-16 (Sections 344.107-344.150 reserved for expansion
9-17 SUBCHAPTER D. POWERS AND DUTIES
9-18 Sec. 344.151. FINANCING DISTRICT PROGRAMS. (a) The
9-19 district may finance all costs of a fire control, prevention, and
9-20 emergency medical services district program, including costs for
9-21 personnel, administration, expansion, enhancement, and capital
9-22 expenditures.
9-23 (b) The program may include:
9-24 (1) fire apparatus and equipment;
9-25 (2) a bomb disposal unit and related equipment;
9-26 (3) compensation of fire protection and prevention
9-27 personnel for specialized training regarding:
10-1 (A) arson;
10-2 (B) bomb disposal;
10-3 (C) hazardous materials;
10-4 (D) technical rescue;
10-5 (E) paramedic certification; and
10-6 (F) any other specialized training under the
10-7 program;
10-8 (4) funding for turn-out gear, self-contained
10-9 breathing apparatus, and protective uniforms or other firefighter
10-10 safety equipment;
10-11 (5) additional compensation for municipal
10-12 fire-fighting personnel, including overtime compensation for
10-13 unforeseen staffing needs; and
10-14 (6) funding for the construction and maintenance of
10-15 fire stations, training facilities, or the equipment needed for
10-16 those stations or facilities.
10-17 (c) The program may include an enhanced emergency
10-18 communications center or other emergency communications programs
10-19 and equipment, including:
10-20 (1) emergency medical dispatch training;
10-21 (2) additional fire and emergency medical service
10-22 dispatchers;
10-23 (3) uniformed fire deployment and communications
10-24 officers;
10-25 (4) real-time weather information; and
10-26 (5) computer databases and systems maintenance
10-27 personnel for hazardous materials responses.
11-1 (d) The program may include a public training program,
11-2 including:
11-3 (1) a juvenile fire starter program;
11-4 (2) an urban survival program, including school
11-5 programs for fire safety, gun safety, and safety with strangers;
11-6 (3) a fire prevention program;
11-7 (4) a fire education program;
11-8 (5) a hazardous materials education program;
11-9 (6) a psychological intervention program; and
11-10 (7) a citizen's ride-along program or home inspection
11-11 program.
11-12 (e) The program may include public preventive health
11-13 programs, including:
11-14 (1) juvenile inoculations;
11-15 (2) weekend health days;
11-16 (3) first aid and cardiopulmonary resuscitation
11-17 training;
11-18 (4) injury prevention; and
11-19 (5) drug and alcohol awareness.
11-20 (f) The program may include response training programs,
11-21 equipment, facilities, and instructors, including:
11-22 (1) a regional training center for fire, rescue,
11-23 hazardous materials, and emergency medical service;
11-24 (2) staff personnel to support the center;
11-25 (3) equipment and apparatus to support the center;
11-26 (4) computer-aided continuing education training
11-27 conducted in-station; and
12-1 (5) training regarding hazardous material storage and
12-2 response.
12-3 (g) The program may include computers and other systems to
12-4 support information management systems to:
12-5 (1) maintain occupancy information;
12-6 (2) track incident analyses;
12-7 (3) track incident reports;
12-8 (4) track internal communications and reporting;
12-9 (5) maintain inventory; and
12-10 (6) serve other information management needs.
12-11 (h) The program may include capital items needed to improve
12-12 emergency response and increase service efficiency, including
12-13 equipment, apparatus, vehicles, and training material or equipment.
12-14 Sec. 344.152. COORDINATION; EVALUATION; GRANTS. (a) The
12-15 district shall coordinate its efforts with local agencies in
12-16 developing its fire control, prevention, and emergency medical
12-17 services program.
12-18 (b) The district shall conduct an annual evaluation program
12-19 to study the impact, efficiency, and effectiveness of new or
12-20 expanded fire control, prevention, and emergency medical services
12-21 programs.
12-22 (c) The board may seek the assistance of the Office of
12-23 State-Federal Relations in identifying and applying for federal
12-24 grants for fire control, prevention, and emergency medical services
12-25 programs.
12-26 (d) The district may apply for and receive grants for fire
12-27 control, prevention, and emergency medical services programs from a
13-1 state or federal agency.
13-2 Sec. 344.153. GENERAL BOARD POWER OVER FUNDS. The board
13-3 shall manage, control, and administer the district finances except
13-4 as provided by Section 344.205.
13-5 Sec. 344.154. USE OF REVENUE. The board may spend revenue
13-6 derived from the sales and use tax distributed under Section
13-7 321.106, Tax Code, only for a purpose authorized by Section
13-8 344.151.
13-9 Sec. 344.155. RULES AND PROCEDURES. (a) A board may adopt
13-10 rules governing programs financed by the district and the functions
13-11 of district staff.
13-12 (b) The board may prescribe accounting and control
13-13 procedures for the district.
13-14 (c) The board is subject to Chapter 2001, Government Code.
13-15 Sec. 344.156. PURCHASING. (a) Except as provided by
13-16 Subsection (b), the board may prescribe the method of making
13-17 purchases and expenditures by and for the district.
13-18 (b) To the extent competitive bidding procedures in Title 8
13-19 apply, the board may not enter into a purchasing contract for more
13-20 than $15,000 unless the board complies with Chapter 252.
13-21 (c) If the municipality that created the district has a
13-22 purchasing agent authorized by law, that agent shall serve as
13-23 purchasing agent for the district.
13-24 Sec. 344.157. PROPERTY TO BE USED IN ADMINISTRATION. The
13-25 board may lease or acquire in another manner facilities, equipment,
13-26 or other property for the sole purpose of administering the
13-27 district.
14-1 Sec. 344.158. REIMBURSEMENT FOR SERVICES. (a) A county or
14-2 municipality located outside the boundaries of a district on the
14-3 district's request shall reimburse the district for the district's
14-4 cost of including a resident of that county or municipality who is
14-5 not a resident of that district in a district program.
14-6 (b) On behalf of the district, the board may contract with a
14-7 municipal or county government or with the state or federal
14-8 government for the municipal, county, state, or federal government
14-9 to reimburse the district for including a person in a district
14-10 program.
14-11 Sec. 344.159. SERVICE CONTRACTS. The board may contract
14-12 with the following entities to furnish the staff, facilities,
14-13 equipment, programs, or services the board considers necessary for
14-14 the effective operation of the district:
14-15 (1) a municipality, county, special district, or other
14-16 political subdivision of the state;
14-17 (2) a state or federal agency;
14-18 (3) an individual; or
14-19 (4) a private person.
14-20 Sec. 344.160. DONATIONS, GIFTS, AND ENDOWMENTS. On behalf
14-21 of the district, the board or the temporary board may accept a
14-22 donation, gift, or endowment. The district may hold a donation,
14-23 gift, or endowment in trust for any purpose and under any
14-24 direction, limitation, or other provision prescribed in writing by
14-25 the donor that is consistent with this chapter and the proper
14-26 management of the district.
14-27 Sec. 344.161. AUTHORITY TO SUE AND BE SUED. The board may
15-1 sue and be sued in the name of the district.
15-2 (Sections 344.162-344.200 reserved for expansion
15-3 SUBCHAPTER E. DISTRICT FINANCES
15-4 Sec. 344.201. FISCAL YEAR. (a) The board shall establish
15-5 the fiscal year for the district, and the district shall operate on
15-6 the basis of that year.
15-7 (b) The fiscal year may not be changed more than once in a
15-8 24-month period.
15-9 Sec. 344.202. AUDITS AND DISTRICT RECORDS. (a) The board
15-10 shall have an annual audit made of the financial condition of the
15-11 district by an independent auditor.
15-12 (b) The annual audit and other district records shall be
15-13 open to inspection during regular business hours at the principal
15-14 office of the district.
15-15 Sec. 344.203. ANNUAL BUDGET PROPOSAL. (a) The board shall
15-16 propose an annual budget. The board shall consider the
15-17 applications for program funding in preparing the proposed budget.
15-18 (b) The proposed budget must contain a complete financial
15-19 statement, including a statement of:
15-20 (1) the outstanding obligations of the district;
15-21 (2) the amount of cash on hand to the credit of each
15-22 fund of the district;
15-23 (3) the amount of money received by the district from
15-24 all sources during the previous year;
15-25 (4) the estimated amount of money available to the
15-26 district from all sources during the current fiscal year;
15-27 (5) the amount of money needed to fund programs
16-1 approved for funding by the board;
16-2 (6) the amount of money requested for programs that
16-3 were not approved for funding by the board;
16-4 (7) the tax rate for the next fiscal year;
16-5 (8) the amount of the balances expected at the end of
16-6 the year in which the budget is being prepared; and
16-7 (9) the estimated amount of revenues and balances
16-8 available to cover the proposed budget.
16-9 Sec. 344.204. ADOPTION OF BUDGET. (a) Not later than the
16-10 100th day before the date each fiscal year begins, the board shall
16-11 hold a public hearing to consider the proposed annual budget.
16-12 (b) The board shall publish notice of the hearing in a
16-13 newspaper with general circulation in the district not later than
16-14 the 10th day before the date of the hearing.
16-15 (c) A resident of the district is entitled to participate in
16-16 the hearing.
16-17 (d) Not later than the 80th day before the date each fiscal
16-18 year begins, the board shall adopt a budget. The board may make
16-19 any changes in the proposed budget that the interests of the
16-20 taxpayers demand.
16-21 (e) Not later than the 10th day after the date the budget is
16-22 adopted, the board shall submit the budget to the governing body of
16-23 the municipality that created the district.
16-24 (f) The board by rule may adopt alternative procedures for
16-25 adopting a budget that differ from the procedures outlined in this
16-26 subchapter. The board must hold at least one public hearing
16-27 related to the alternative procedures before their adoption.
17-1 Sec. 344.205. APPROVAL OF BUDGET. (a) Not later than the
17-2 45th day before the date each fiscal year begins, the governing
17-3 body of the municipality that created the district shall hold a
17-4 public hearing to consider the budget adopted by the board and
17-5 submitted to the governing body.
17-6 (b) The governing body must publish notice of the hearing in
17-7 a newspaper with general circulation in the district not later than
17-8 the 10th day before the date of the hearing.
17-9 (c) A resident of the district is entitled to participate in
17-10 the hearing.
17-11 (d) Not later than the 30th day before the date the fiscal
17-12 year begins, the governing body shall approve or reject the budget
17-13 submitted by the board. The governing body may not amend the
17-14 budget.
17-15 (e) If the governing body rejects the budget submitted by
17-16 the board, the governing body and the board shall meet and together
17-17 amend and approve the budget before the beginning of the fiscal
17-18 year.
17-19 (f) The budget may be amended after the beginning of the
17-20 fiscal year on approval by the board and the governing body.
17-21 Sec. 344.206. LIMITATIONS ON EXPENDITURES AND INVESTMENTS.
17-22 (a) The district may spend money only for an expense included in
17-23 the annual budget or an amendment to the budget.
17-24 (b) A district may not incur a debt payable from revenues of
17-25 the district other than the revenues on hand or to be on hand in
17-26 the current or immediately following fiscal year of the district.
17-27 (c) The board may not invest district money in funds or
18-1 securities other than those specified by Chapter 2256, Government
18-2 Code.
18-3 Sec. 344.207. ACCOUNT OF DISBURSEMENTS OF DISTRICT. Not
18-4 later than the 60th day after the last day of each fiscal year, an
18-5 administrator shall prepare for the board a sworn statement of the
18-6 amount of money that belongs to the district and an account of the
18-7 disbursements of that money.
18-8 Sec. 344.208. DEPOSIT OF MONEY. (a) The board shall
18-9 deposit district money in a special account in the treasury of the
18-10 municipality that created the district.
18-11 (b) District money, other than that invested as provided by
18-12 Section 344.206(c), shall be deposited as received in the treasury
18-13 of the municipality and must remain on deposit.
18-14 (c) The board shall reimburse the municipality for any
18-15 costs, other than personnel costs, the municipality incurs for
18-16 performing the duties under this section.
18-17 Sec. 344.209. APPLICATIONS FOR PROGRAM FUNDING. (a) An
18-18 officer of the municipality that created the district or the head
18-19 of a department of that municipality may, with the consent of the
18-20 governing body of the municipality, apply to the board for funding
18-21 of a program described by Section 344.151.
18-22 (b) The officer must apply under this section not later than
18-23 the 140th day before the date the fiscal year begins, unless the
18-24 board by rule has adopted an exception.
18-25 (c) The board by rule may adopt application procedures.
18-26 Sec. 344.210. BONDS PROHIBITED. The board may not issue or
18-27 sell general obligation bonds, revenue bonds, or refunding bonds.
19-1 (Sections 344.211-344.250 reserved for expansion
19-2 SUBCHAPTER F. REFERENDUM ON CONTINUATION OR DISSOLUTION OF DISTRICT
19-3 Sec. 344.251. REFERENDUM AUTHORIZED. (a) The board may
19-4 call and hold a referendum election on the question of whether to:
19-5 (1) continue the district; or
19-6 (2) dissolve the district.
19-7 (b) A board may order a referendum election on its own
19-8 motion.
19-9 (c) The board shall order a referendum election:
19-10 (1) on receipt of a petition that requests
19-11 continuation or dissolution of the district and complies with the
19-12 requirements of Sections 344.252-344.256; or
19-13 (2) if the governing body of the municipality that
19-14 created the district, after notice and a public hearing on the
19-15 matter, by resolution requests a referendum on continuation or
19-16 dissolution.
19-17 (d) The board may not hold a referendum election under this
19-18 subchapter before the fifth anniversary of the date the district
19-19 was created or before the third anniversary of the date of the last
19-20 continuation or dissolution referendum election.
19-21 (e) For a continuation referendum election, the ballot shall
19-22 be printed to permit voting for or against the proposition:
19-23 "Whether the ____________ (name of the municipality that created
19-24 the district) Fire Control, Prevention, and Emergency Medical
19-25 Services District should be continued and whether the fire control,
19-26 prevention, and emergency medical services district sales and use
19-27 tax should be continued."
20-1 (f) For a dissolution referendum, the ballot shall be
20-2 printed to permit voting for or against the proposition: "Whether
20-3 the ____________ (name of the municipality that created the
20-4 district) Fire Control, Prevention, and Emergency Medical Services
20-5 District should be dissolved and whether the fire control,
20-6 prevention, and emergency medical services district sales and use
20-7 tax should be abolished."
20-8 (g) The governing body of a municipality that creates a
20-9 district under this chapter may specify the number of years for
20-10 which the district should be continued. The board or the governing
20-11 body of a municipality may continue a district for 5, 10, 15, or 20
20-12 years. For a continuation referendum election under this
20-13 subsection, the ballot shall be printed to permit voting for or
20-14 against the proposition: "Whether the ______ (name of the
20-15 municipality that created the district) Fire Control, Prevention,
20-16 and Emergency Medical Services District should be continued for
20-17 ______ years and whether the fire control, prevention, and
20-18 emergency medical services district sales and use tax should be
20-19 continued for _____ years."
20-20 Sec. 344.252. APPLICATION FOR PETITION. (a) On written
20-21 application of 10 or more registered voters of the district, the
20-22 clerk of the municipality that created the district shall issue to
20-23 the applicants a petition to be circulated among registered voters
20-24 for their signatures.
20-25 (b) An application for a petition to continue the district
20-26 must contain:
20-27 (1) the heading: "Application for a Petition for a
21-1 Local Option Referendum to Continue the Fire Control, Prevention,
21-2 and Emergency Medical Services District and to Continue the Fire
21-3 Control, Prevention, and Emergency Medical Services District Sales
21-4 and Use Tax";
21-5 (2) the statement: "Whether the ______ (name of the
21-6 municipality that created the district) Fire Control, Prevention,
21-7 and Emergency Medical Services District should be continued and
21-8 whether the fire control, prevention, and emergency medical
21-9 services district sales and use tax should be continued";
21-10 (3) immediately above the signatures of the
21-11 applicants, the statement: "It is the purpose and intent of the
21-12 applicants whose signatures appear below that the fire control,
21-13 prevention, and emergency medical services district be continued
21-14 and that the fire control, prevention, and emergency medical
21-15 services district sales and use tax in ___________ (name of the
21-16 municipality that created the district) be continued"; and
21-17 (4) the printed name, signature, residence address,
21-18 and voter registration certificate number of each applicant.
21-19 (c) An application for a petition to dissolve the district
21-20 must contain:
21-21 (1) the heading: "Application for a Petition for a
21-22 Local Option Referendum to Dissolve the Fire Control, Prevention,
21-23 and Emergency Medical Services District and to Abolish the Fire
21-24 Control, Prevention, and Emergency Medical Services District Sales
21-25 and Use Tax";
21-26 (2) the statement: "Whether the ___________ (name of
21-27 the municipality that created the district) Fire Control,
22-1 Prevention, and Emergency Medical Services District should be
22-2 dissolved and whether the fire control, prevention, and emergency
22-3 medical services district sales and use tax should be abolished";
22-4 (3) immediately above the signatures of the
22-5 applicants, the statement: "It is the purpose and intent of the
22-6 applicants whose signatures appear below that the fire control,
22-7 prevention, and emergency medical services district be dissolved
22-8 and that the fire control, prevention, and emergency medical
22-9 services district sales and use tax in ___________ (name of the
22-10 municipality that created the district) be abolished"; and
22-11 (4) the printed name, signature, residence address,
22-12 and voter registration certificate number of each applicant.
22-13 Sec. 344.253. PETITION. (a) A petition for a referendum to
22-14 continue a district must contain:
22-15 (1) the heading: "Petition for a Local Option
22-16 Referendum to Continue the ____________ (name of the municipality
22-17 that created the district) Fire Control, Prevention, and Emergency
22-18 Medical Services District and to Continue the Fire Control,
22-19 Prevention, and Emergency Medical Services District Sales and Use
22-20 Tax";
22-21 (2) a statement of the issue to be voted on in the
22-22 same words used in the application;
22-23 (3) immediately above the signatures of the
22-24 petitioners, the statement: "It is the purpose and intent of the
22-25 petitioners whose signatures appear below that the fire control,
22-26 prevention, and emergency medical services district be continued
22-27 and that the fire control, prevention, and emergency medical
23-1 services district sales and use tax in ___________ (name of the
23-2 municipality that created the district) be continued";
23-3 (4) lines and spaces for the names, signatures,
23-4 residence addresses, and voter registration certificate numbers of
23-5 the petitioners; and
23-6 (5) the date of issuance, the serial number, and the
23-7 seal of the clerk of the municipality on each page.
23-8 (b) A petition for a referendum to dissolve a district must
23-9 contain:
23-10 (1) the heading: "Petition for a Local Option
23-11 Referendum to Dissolve the __________ (name of the municipality
23-12 that created the district) Fire Control, Prevention, and Emergency
23-13 Medical Services District and to Abolish the Fire Control,
23-14 Prevention, and Emergency Medical Services District Sales and Use
23-15 Tax";
23-16 (2) a statement of the issue to be voted on in the
23-17 same words used in the application;
23-18 (3) immediately above the signatures of the
23-19 petitioners, the statement: "It is the purpose and intent of the
23-20 petitioners whose signatures appear below that the fire control,
23-21 prevention, and emergency medical services district be dissolved
23-22 and that the fire control, prevention, and emergency medical
23-23 services district sales and use tax in ___________ (name of the
23-24 municipality that created the district) be abolished";
23-25 (4) lines and spaces for the names, signatures,
23-26 residence addresses, and voter registration certificate numbers of
23-27 the petitioners; and
24-1 (5) the date of issuance, the serial number, and the
24-2 seal of the clerk of the municipality on each page.
24-3 Sec. 344.254. COPIES OF APPLICATION AND PETITION. The clerk
24-4 or secretary of the municipality shall keep an application and a
24-5 copy of the petition in the files of the clerk's or secretary's
24-6 office. The clerk shall issue to the applicants as many copies as
24-7 they request.
24-8 Sec. 344.255. FILING OF PETITION. To form the basis for the
24-9 ordering of a referendum, the petition must:
24-10 (1) be filed with the clerk or secretary of the
24-11 municipality not later than the 60th day after the date of its
24-12 issuance; and
24-13 (2) contain at least a number of signatures of
24-14 registered voters of the municipality equal to five percent of the
24-15 number of votes cast in the municipality for all candidates for
24-16 governor in the most recent gubernatorial general election.
24-17 Sec. 344.256. REVIEW BY CLERK OR SECRETARY. (a) The clerk
24-18 or secretary of the municipality shall, on the request of any
24-19 person, check each name on a petition to determine whether the
24-20 signer is a registered voter of the district. A person requesting
24-21 verification by the clerk or secretary of the municipality shall
24-22 pay the clerk or secretary a sum equal to 20 cents for each name on
24-23 the petition before the verification begins.
24-24 (b) The clerk or secretary of the municipality may not count
24-25 a signature if the clerk or secretary has a reason to believe that:
24-26 (1) it is not the actual signature of the purported
24-27 signer;
25-1 (2) the voter registration certificate number is not
25-2 correct;
25-3 (3) it is a duplication either of a name or of
25-4 handwriting used in any other signature on the petition;
25-5 (4) the residence address of the signer is not
25-6 correct; or
25-7 (5) the name of the voter is not signed exactly as it
25-8 appears on the official copy of the current list of registered
25-9 voters for the voting year in which the petition is issued.
25-10 Sec. 344.257. CERTIFICATION. Not later than the 40th day
25-11 after the date a petition is filed, excluding Saturdays, Sundays,
25-12 and legal holidays, the clerk or secretary of the municipality
25-13 shall certify to the board the number of registered voters signing
25-14 the petition.
25-15 Sec. 344.258. ELECTION ORDER. (a) The board shall record
25-16 on its minutes the date the petition is filed and the date it is
25-17 certified by the clerk or secretary of the municipality.
25-18 (b) If the petition contains the required number of
25-19 signatures and is in proper order, the board shall, at its next
25-20 regular session after the certification by the clerk or secretary
25-21 of the municipality, order a referendum election to be held at the
25-22 regular polling place in each election precinct in the municipality
25-23 on the next uniform election date authorized by Section 41.001(a),
25-24 Election Code, that occurs at least 20 days after the date of the
25-25 order.
25-26 (c) The board shall state in the order the proposition to be
25-27 voted on in the referendum election. The order is prima facie
26-1 evidence of compliance with all provisions necessary to give it
26-2 validity.
26-3 Sec. 344.259. APPLICABILITY OF ELECTION CODE. A referendum
26-4 election authorized by this subchapter shall be held and the
26-5 returns shall be prepared and canvassed in conformity with the
26-6 Election Code.
26-7 Sec. 344.260. RESULTS OF REFERENDUM. (a) If less than a
26-8 majority of the votes cast in a continuation referendum election
26-9 are for the continuation of a district or if a majority of the
26-10 votes cast in a dissolution referendum are for dissolution of the
26-11 district:
26-12 (1) the board shall certify that fact to the secretary
26-13 of state not later than the 10th day after the date of the canvass
26-14 of the returns; and
26-15 (2) the district is dissolved and ceases to operate.
26-16 (b) If a majority of the votes cast in a continuation
26-17 referendum election are for the continuation of the district or if
26-18 less than a majority of the votes cast in a dissolution referendum
26-19 election are for dissolution of the district, another referendum
26-20 may not be held except as authorized by Section 344.251.
26-21 Sec. 344.261. ELECTION CONTEST. Not later than the 30th day
26-22 after the date the result of a referendum is declared, any
26-23 qualified voter of the district may contest the election by filing
26-24 a petition in a district court located in the district.
26-25 (Sections 344.262-344.300 reserved for expansion
26-26 SUBCHAPTER G. DISTRICT DISSOLUTION
26-27 Sec. 344.301. TIME FOR DISSOLUTION OF DISTRICT. (a) A
27-1 district is dissolved five years after the date the municipality
27-2 began to impose taxes for district purposes if the district has not
27-3 held a continuation or dissolution referendum.
27-4 (b) The district is dissolved on the fifth anniversary of
27-5 the date of the most recent continuation or dissolution referendum.
27-6 (c) Subsection (b) does not apply to a district that is
27-7 continued under Section 344.251(g) of this chapter, and that
27-8 district is dissolved on the expiration of the period for which it
27-9 was continued.
27-10 Sec. 344.302. DISSOLUTION OF DISTRICT. (a) On the date
27-11 that the district is dissolved, the district shall convey or
27-12 transfer, as provided by Subsection (h):
27-13 (1) title to land, buildings, real and tangible
27-14 improvements, and equipment owned by the district;
27-15 (2) operating money and reserves for operating
27-16 expenses and money that has been budgeted by the district for the
27-17 remainder of the fiscal year in which the district is dissolved to
27-18 support fire control, prevention and emergency medical services
27-19 activities and programs for residents of the municipality that
27-20 created the district;
27-21 (3) taxes imposed for the district during the current
27-22 year for fire control, prevention, and emergency medical services
27-23 purposes;
27-24 (4) each fund established for payment of indebtedness
27-25 assumed by the district; and
27-26 (5) any money accumulated in an employee retirement
27-27 fund.
28-1 (b) After the date the district is dissolved, taxes may not
28-2 be imposed for district purposes or for providing fire control,
28-3 prevention, and emergency medical services activities and programs
28-4 for the residents of the district.
28-5 (c) If on the date that the district is dissolved the
28-6 district has outstanding short-term or long-term liabilities, the
28-7 board shall, not later than the 30th day after the date of the
28-8 dissolution, adopt a resolution certifying each outstanding
28-9 short-term and long-term liability. The municipality that created
28-10 the district shall assume the outstanding short-term and long-term
28-11 liabilities. The municipality shall collect the sales and use tax
28-12 under Chapter 321, Tax Code, for the remainder of the calendar year
28-13 and may by resolution of its governing body continue to collect the
28-14 tax for an additional calendar year if the revenue from the tax is
28-15 needed to retire liabilities of the district that were assumed by
28-16 the municipality. The governing body shall notify the comptroller
28-17 of this continuation not later than the 60th day before the date
28-18 the tax would otherwise expire. A tax collected after the
28-19 liabilities have been retired shall be transferred or conveyed as
28-20 provided by Subsection (a).
28-21 (d) The district and the board may continue to operate for a
28-22 period not to exceed two months after carrying out the
28-23 responsibilities required by Subsections (a) and (c). The board
28-24 and the district are continued for the purpose of satisfying these
28-25 responsibilities.
28-26 (e) If the board and the district are continued under
28-27 Subsection (d), the board and district are dissolved entirely on
29-1 the first day of the month following the month in which the board
29-2 issues an order certifying to the secretary of state that the
29-3 responsibilities of Subsections (a) and (c) are satisfied.
29-4 (f) A district or board that continues to operate under
29-5 Subsection (d) may not incur any new liabilities without the
29-6 approval of the governing body of the municipality that created the
29-7 district. Not later than the 60th day after the date of the
29-8 dissolution referendum, the governing body shall review the
29-9 outstanding liabilities of the district and set a specific date by
29-10 which the municipality must retire the district's outstanding
29-11 liabilities.
29-12 (g) On the date that the district is dissolved, programs
29-13 funded by the district shall immediately terminate and personnel
29-14 paid from district funds, except personnel required to retire the
29-15 responsibilities of the district, are terminated.
29-16 (h) The board shall convey or transfer the value of the
29-17 items described by Subsection (a) to the municipality that created
29-18 the district.
29-19 SECTION 2. Subchapter B, Chapter 321, Tax Code, is amended
29-20 by adding Section 321.106 to read as follows:
29-21 Sec. 321.106. FIRE CONTROL DISTRICT TAX. (a) Subject to an
29-22 election held in accordance with Chapter 344, Local Government
29-23 Code, a municipality in which a fire control, prevention, and
29-24 emergency medical services district is established shall adopt a
29-25 sales and use tax in the area of the district for the purpose of
29-26 financing the operation of the fire control, prevention, and
29-27 emergency medical services district. The revenue from the tax may
30-1 be used only for the purpose of financing the operation of the fire
30-2 control, prevention, and emergency medical services district. The
30-3 proposition for adopting a tax under this section and the
30-4 proposition for creation of a fire control, prevention, and
30-5 emergency medical services district shall be submitted at the same
30-6 election. For purposes of Section 321.101, a tax under this
30-7 section is not an additional sales and use tax.
30-8 (b) A tax adopted for a district under this section for
30-9 financing the operation of the district may be decreased in
30-10 increments of one-eighth of one percent by order of the board of
30-11 directors of the district.
30-12 (c) The rate of a tax adopted for a district under this
30-13 section may be increased in increments of one-eighth of one
30-14 percent, not to exceed a total tax rate of one-half percent, for
30-15 financing the operation of the fire control, prevention, and
30-16 emergency medical services district by order of the board of
30-17 directors of the fire control, prevention, and emergency medical
30-18 services district if approved by a majority of the qualified voters
30-19 voting at an election called by the board and held in the district
30-20 on the question of increasing the tax rate. At the election, the
30-21 ballot shall be printed to provide for voting for or against the
30-22 proposition: "The increase of the __________ (name of the
30-23 municipality that created the district) Fire Control, Prevention,
30-24 and Emergency Medical Services District sales and use tax rate to
30-25 ______ percent." If there is an increase or decrease under this
30-26 section in the rate of a tax imposed under this section, the new
30-27 rate takes effect on the first day of the next calendar quarter
31-1 after the expiration of one calendar quarter after the comptroller
31-2 receives notice of the increase or decrease. However, if the
31-3 comptroller notifies the president of the board of directors of the
31-4 district in writing within 10 days after receipt of the
31-5 notification that the comptroller requires more time to implement
31-6 reporting and collection procedures, the comptroller may delay
31-7 implementation of the rate change for one calendar quarter, and the
31-8 new rate takes effect on the first day of the calendar quarter that
31-9 follows the elapsed quarter.
31-10 (d) The comptroller shall remit to the municipality amounts
31-11 collected at the rate imposed under this section as part of the
31-12 regular allocation of other municipal tax revenue collected by the
31-13 comptroller. The municipality shall remit that amount to the
31-14 district. A retailer may not be required to use allocation and
31-15 reporting procedures in the collection of taxes under this section
31-16 that are different from the procedures that retailers use in the
31-17 collection of other sales and use taxes under this chapter. An
31-18 item, transaction, or service that is taxable in a municipality
31-19 under a sales or use tax authorized by another section of this
31-20 chapter is taxable under this section. An item, transaction, or
31-21 service that is not taxable in a municipality under a sales or use
31-22 tax authorized by another section of this chapter is not taxable
31-23 under this section.
31-24 (e) If, in a municipality where a fire control, prevention,
31-25 and emergency medical services district is composed of the whole
31-26 municipality, a municipal sales and use tax or a municipal sales
31-27 and use tax rate increase for the purpose of financing a fire
32-1 control, prevention, and emergency medical services district is
32-2 approved, the municipality is responsible for distributing to the
32-3 district that portion of the municipal sales and use tax revenue
32-4 received from the comptroller that is to be used for the purposes
32-5 of financing the fire control, prevention, and emergency medical
32-6 services district. Not later than the 10th day after the date the
32-7 municipality receives money under this section from the
32-8 comptroller, the municipality shall make the distribution in the
32-9 proportion that the fire control, prevention, and emergency medical
32-10 services portion of the tax rate bears to the total sales and use
32-11 tax rate of the municipality. The amounts distributed to a fire
32-12 control, prevention, and emergency medical services district are
32-13 not considered to be sales and use tax revenue for the purpose of
32-14 property tax reduction and computation of the municipal tax rate
32-15 under Section 26.041, Tax Code.
32-16 (f) For purposes of the tax imposed under this section, a
32-17 reference in this chapter to the municipality as the territory in
32-18 which the tax or an incident of the tax applies means only the
32-19 territory located in the fire control, prevention, and emergency
32-20 medical services district, if that district is composed of an area
32-21 less than an entire municipality.
32-22 (g) The comptroller may adopt rules and the municipality's
32-23 governing body may adopt orders to administer this section.
32-24 SECTION 3. This Act takes effect June 1, 2001.