By Carter, Hawley, Clark, Chisum H.B. No. 2746
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to emergency services and rural fire prevention districts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 775.013(a), Health and Safety Code, is
1-5 amended to read as follows:
1-6 (a) The petition prescribed by Section 775.011 or 775.012
1-7 must show:
1-8 (1) that the district is to be created and is to
1-9 operate under Article III, Section 48-e, [of the] Texas
1-10 Constitution[, as proposed by S.J.R. No. 27, Acts of the 70th
1-11 Legislature, Regular Session, 1987, and adopted by the voters at an
1-12 election held November 3, 1987];
1-13 (2) the name of the proposed district;
1-14 (3) the proposed district's boundaries as designated
1-15 by metes and bounds or other sufficient legal description;
1-16 (4) the services that the proposed district will
1-17 provide;
1-18 (5) that the creation of [none of the territory in]
1-19 the proposed district complies with Sections 775.020 and 775.0205
1-20 [is included in another emergency services district]; and
1-21 (6) [(5)] the mailing address of each petitioner.
1-22 SECTION 2. Section 775.020, Health and Safety Code, is
1-23 amended to read as follows:
1-24 Sec. 775.020. OVERLAPPING DISTRICTS LOCATED WHOLLY IN
2-1 POPULOUS COUNTY. (a) This section applies only to a district
2-2 located wholly in a county with a population of more than three
2-3 million.
2-4 (b) If the territory in one or more districts overlaps, the
2-5 commissioners court of the county in which the most recently
2-6 created district is located by order shall exclude the overlapping
2-7 territory from that district.
2-8 (c) [(b)] For purposes of this section, a district is
2-9 created on the date on which the election approving its creation
2-10 was held. If the elections approving the creation of two or more
2-11 districts are held on the same date, the most recently created
2-12 district is the district for which the hearing regarding approval
2-13 of the petition for creation of the district [required by Section
2-14 775.016] was most recently held.
2-15 (d) [(c)] The creation of a district with boundaries that
2-16 overlap the boundaries of another district does not affect the
2-17 validity of either district.
2-18 SECTION 3. Subchapter B, Chapter 775, Health and Safety Code,
2-19 is amended by adding Section 775.0205 to read as follows:
2-20 Sec. 775.0205. OVERLAPPING DISTRICTS. (a) If the territory
2-21 in a district created under this chapter overlaps with the
2-22 boundaries of another district created under this chapter, a
2-23 district created under Chapter 776, or a rural fire prevention
2-24 district created under Chapter 794, the most recently created
2-25 district may not provide services in the overlapping territory that
2-26 duplicate the services provided by the other district.
2-27 (b) If the territory in more than two districts overlaps,
3-1 the commissioners court of the county in which the most recently
3-2 created district is located by order shall exclude the overlapping
3-3 territory from that district.
3-4 (c) For purposes of this section, a district is created on
3-5 the date on which the election approving its creation was held. If
3-6 the elections approving the creation of two or more districts are
3-7 held on the same date, the most recently created district is the
3-8 district for which the hearing regarding approval of the petition
3-9 for creation of the district was most recently held.
3-10 (d) The creation of a district with boundaries that overlap
3-11 the boundaries of another district does not affect the validity of
3-12 either district.
3-13 (e) This section does not apply to a district located wholly
3-14 in a county with a population of more than three million.
3-15 SECTION 4. Section 775.023(b), Health and Safety Code, is
3-16 amended to read as follows:
3-17 (b) The petition must show:
3-18 (1) that the district is to be created and is to
3-19 operate under Section 48-e, Article III, Texas Constitution[, as
3-20 proposed by S.J.R. No. 27, Acts of the 70th Legislature, Regular
3-21 Session, 1987, and adopted by the voters at an election held
3-22 November 3, 1987];
3-23 (2) the name of the proposed [emergency services]
3-24 district;
3-25 (3) the proposed [emergency services] district's
3-26 boundaries as designated by metes and bounds or other sufficient
3-27 legal description;
4-1 (4) the name of each rural fire prevention district
4-2 that exists in the territory encompassed by the boundaries of the
4-3 proposed [emergency services] district and that is proposed to be
4-4 dissolved;
4-5 (5) the services that the proposed district will
4-6 provide;
4-7 (6) that the creation of the proposed [none of the
4-8 territory in the emergency services] district complies with Section
4-9 775.0205 [is included in another emergency services district]; and
4-10 (7) [(6)] the mailing address of each petitioner.
4-11 SECTION 5. Section 776.013, Health and Safety Code, is
4-12 amended to read as follows:
4-13 Sec. 776.013. CONTENTS OF PETITION. The petition for the
4-14 creation of a district must show [contain]:
4-15 (1) [a statement] that the district is to be created
4-16 and is to operate under Article III, Section 48-e, [of the] Texas
4-17 Constitution[, as proposed by S.J.R. No. 27, Acts of the 70th
4-18 Legislature, Regular Session, 1987, and adopted by the voters at an
4-19 election held November 3, 1987];
4-20 (2) the name of the proposed district;
4-21 (3) the proposed district's boundaries as designated
4-22 by metes and bounds or other sufficient legal description;
4-23 (4) the services that the proposed district will
4-24 provide;
4-25 (5) [a statement] that the creation of [none of the
4-26 territory in] the proposed district complies with Section 776.021
4-27 [is included in another emergency services district];
5-1 (6) [(5)] the mailing address of each petitioner; and
5-2 (7) [(6)] an agreement signed by at least two
5-3 petitioners that obligates them to pay not more than $150 of the
5-4 costs incident to the formation of the district, including the
5-5 costs of publishing notices, election costs, and other necessary
5-6 and incidental expenses.
5-7 SECTION 6. Section 776.021, Health and Safety Code, is
5-8 amended to read as follows:
5-9 Sec. 776.021. OVERLAPPING DISTRICTS. (a) If the territory
5-10 in a district created under this chapter overlaps with the
5-11 boundaries of another district created under this chapter, a
5-12 district created under Chapter 775, or a rural fire prevention
5-13 district created under Chapter 794, the most recently created
5-14 district may not provide services in the overlapping territory that
5-15 duplicate the services provided by the other district.
5-16 (b) If the territory in [one or] more than two districts
5-17 overlaps, the commissioners court of the county in which the most
5-18 recently created district is located by order shall exclude the
5-19 overlapping territory from that district.
5-20 (c) [(b)] For purposes of this section, a district is
5-21 created on the date on which the election confirming its creation
5-22 was held. If the elections confirming the creation of two or more
5-23 districts are held on the same date, the most recently created
5-24 district is the district for which the hearing required by Section
5-25 776.016 was most recently held.
5-26 (d) [(c)] The creation of [fact that] a district [is
5-27 created] with boundaries that overlap the boundaries of another
6-1 district does not affect the validity of either district.
6-2 SECTION 7. Section 794.013(a), Health and Safety Code, is
6-3 amended to read as follows:
6-4 (a) The petition prescribed by Section 794.011 or 794.012
6-5 must show:
6-6 (1) that the district is to be created and is to
6-7 operate under Article III, Section 48-d, [of the] Texas
6-8 Constitution;
6-9 (2) the name of the proposed district;
6-10 (3) the district's boundaries as designated by metes
6-11 and bounds or other sufficient legal description;
6-12 (4) that the creation of [none of the territory in]
6-13 the proposed district complies with Sections 794.020 and 794.0205
6-14 [is included in another rural fire prevention district]; and
6-15 (5) the mailing address of each petitioner.
6-16 SECTION 8. Section 794.020, Health and Safety Code, is
6-17 amended to read as follows:
6-18 Sec. 794.020. OVERLAPPING DISTRICTS LOCATED WHOLLY IN
6-19 POPULOUS COUNTY. (a) This section applies only to a district
6-20 located wholly in a county with a population of more than three
6-21 million.
6-22 (b) If the territory in one or more districts overlaps, the
6-23 commissioners court of the county in which the most recently
6-24 created district is located by order shall exclude the overlapping
6-25 territory from that district.
6-26 (c) [(b)] For purposes of this section, a district is
6-27 created on the date on which the election approving its creation
7-1 was held. If the elections approving the creation of two or more
7-2 districts are held on the same date, the most recently created
7-3 district is the district for which the hearing required by Section
7-4 794.016 was most recently held.
7-5 (d) [(c)] The creation of [fact that] a district [is
7-6 created] with boundaries that overlap the boundaries of another
7-7 district does not affect the validity of either district.
7-8 SECTION 9. Subchapter B, Chapter 794, Health and Safety Code,
7-9 is amended by adding Section 794.0205 to read as follows:
7-10 Sec. 794.0205. OVERLAPPING DISTRICTS. (a) If the territory
7-11 in a district created under this chapter overlaps with the
7-12 boundaries of another district created under this chapter or an
7-13 emergency services district created under Chapter 775 or 776, the
7-14 most recently created district may not provide services in the
7-15 overlapping territory that duplicate the services provided by the
7-16 other district.
7-17 (b) If the territory in more than two districts overlaps,
7-18 the commissioners court of the county in which the most recently
7-19 created district is located by order shall exclude the overlapping
7-20 territory from that district.
7-21 (c) For purposes of this section, a district is created on
7-22 the date on which the election approving its creation was held. If
7-23 the elections approving the creation of two or more districts are
7-24 held on the same date, the most recently created district is the
7-25 district for which the hearing regarding approval of the petition
7-26 for creation of the district was most recently held.
7-27 (d) The creation of a district with boundaries that overlap
8-1 the boundaries of another district does not affect the validity of
8-2 either district.
8-3 (e) This section does not apply to a district located wholly
8-4 in a county with a population of more than three million.
8-5 SECTION 10. This Act takes effect immediately if it receives
8-6 a vote of two-thirds of all the members elected to each house, as
8-7 provided by Section 39, Article III, Texas Constitution. If this
8-8 Act does not receive the vote necessary for immediate effect, this
8-9 Act takes effect September 1, 2001.