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