1-1 By: Carter, et al. (Senate Sponsor - Madla) H.B. No. 2746
1-2 (In the Senate - Received from the House April 25, 2001;
1-3 April 26, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 9, 2001, reported favorably by the
1-5 following vote: Yeas 5, Nays 0; May 9, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to emergency services and rural fire prevention districts.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 775.013(a), Health and Safety Code, is
1-11 amended to read as follows:
1-12 (a) The petition prescribed by Section 775.011 or 775.012
1-13 must show:
1-14 (1) that the district is to be created and is to
1-15 operate under Article III, Section 48-e, [of the] Texas
1-16 Constitution[, as proposed by S.J.R. No. 27, Acts of the 70th
1-17 Legislature, Regular Session, 1987, and adopted by the voters at an
1-18 election held November 3, 1987];
1-19 (2) the name of the proposed district;
1-20 (3) the proposed district's boundaries as designated
1-21 by metes and bounds or other sufficient legal description;
1-22 (4) the services that the proposed district will
1-23 provide;
1-24 (5) that the creation of [none of the territory in]
1-25 the proposed district complies with Sections 775.020 and 775.0205
1-26 [is included in another emergency services district]; and
1-27 (6) [(5)] the mailing address of each petitioner.
1-28 SECTION 2. Section 775.020, Health and Safety Code, is
1-29 amended to read as follows:
1-30 Sec. 775.020. OVERLAPPING DISTRICTS LOCATED WHOLLY IN
1-31 POPULOUS COUNTY. (a) This section applies only to a district
1-32 located wholly in a county with a population of more than three
1-33 million.
1-34 (b) If the territory in one or more districts overlaps, the
1-35 commissioners court of the county in which the most recently
1-36 created district is located by order shall exclude the overlapping
1-37 territory from that district.
1-38 (c) [(b)] For purposes of this section, a district is
1-39 created on the date on which the election approving its creation
1-40 was held. If the elections approving the creation of two or more
1-41 districts are held on the same date, the most recently created
1-42 district is the district for which the hearing regarding approval
1-43 of the petition for creation of the district [required by Section
1-44 775.016] was most recently held.
1-45 (d) [(c)] The creation of a district with boundaries that
1-46 overlap the boundaries of another district does not affect the
1-47 validity of either district.
1-48 SECTION 3. Subchapter B, Chapter 775, Health and Safety Code,
1-49 is amended by adding Section 775.0205 to read as follows:
1-50 Sec. 775.0205. OVERLAPPING DISTRICTS. (a) If the territory
1-51 in a district created under this chapter overlaps with the
1-52 boundaries of another district created under this chapter, a
1-53 district created under Chapter 776, or a rural fire prevention
1-54 district created under Chapter 794, the most recently created
1-55 district may not provide services in the overlapping territory that
1-56 duplicate the services provided by the other district.
1-57 (b) If the territory in more than two districts overlaps,
1-58 the commissioners court of the county in which the most recently
1-59 created district is located by order shall exclude the overlapping
1-60 territory from that district.
1-61 (c) For purposes of this section, a district is created on
1-62 the date on which the election approving its creation was held. If
1-63 the elections approving the creation of two or more districts are
1-64 held on the same date, the most recently created district is the
2-1 district for which the hearing regarding approval of the petition
2-2 for creation of the district was most recently held.
2-3 (d) The creation of a district with boundaries that overlap
2-4 the boundaries of another district does not affect the validity of
2-5 either district.
2-6 (e) This section does not apply to a district located wholly
2-7 in a county with a population of more than three million.
2-8 SECTION 4. Section 775.023(b), Health and Safety Code, is
2-9 amended to read as follows:
2-10 (b) The petition must show:
2-11 (1) that the district is to be created and is to
2-12 operate under Section 48-e, Article III, Texas Constitution[, as
2-13 proposed by S.J.R. No. 27, Acts of the 70th Legislature, Regular
2-14 Session, 1987, and adopted by the voters at an election held
2-15 November 3, 1987];
2-16 (2) the name of the proposed [emergency services]
2-17 district;
2-18 (3) the proposed [emergency services] district's
2-19 boundaries as designated by metes and bounds or other sufficient
2-20 legal description;
2-21 (4) the name of each rural fire prevention district
2-22 that exists in the territory encompassed by the boundaries of the
2-23 proposed [emergency services] district and that is proposed to be
2-24 dissolved;
2-25 (5) the services that the proposed district will
2-26 provide;
2-27 (6) that the creation of the proposed [none of the
2-28 territory in the emergency services] district complies with Section
2-29 775.0205 [is included in another emergency services district]; and
2-30 (7) [(6)] the mailing address of each petitioner.
2-31 SECTION 5. Section 776.013, Health and Safety Code, is
2-32 amended to read as follows:
2-33 Sec. 776.013. CONTENTS OF PETITION. The petition for the
2-34 creation of a district must show [contain]:
2-35 (1) [a statement] that the district is to be created
2-36 and is to operate under Article III, Section 48-e, [of the] Texas
2-37 Constitution[, as proposed by S.J.R. No. 27, Acts of the 70th
2-38 Legislature, Regular Session, 1987, and adopted by the voters at an
2-39 election held November 3, 1987];
2-40 (2) the name of the proposed district;
2-41 (3) the proposed district's boundaries as designated
2-42 by metes and bounds or other sufficient legal description;
2-43 (4) the services that the proposed district will
2-44 provide;
2-45 (5) [a statement] that the creation of [none of the
2-46 territory in] the proposed district complies with Section 776.021
2-47 [is included in another emergency services district];
2-48 (6) [(5)] the mailing address of each petitioner; and
2-49 (7) [(6)] an agreement signed by at least two
2-50 petitioners that obligates them to pay not more than $150 of the
2-51 costs incident to the formation of the district, including the
2-52 costs of publishing notices, election costs, and other necessary
2-53 and incidental expenses.
2-54 SECTION 6. Section 776.021, Health and Safety Code, is
2-55 amended to read as follows:
2-56 Sec. 776.021. OVERLAPPING DISTRICTS. (a) If the territory
2-57 in a district created under this chapter overlaps with the
2-58 boundaries of another district created under this chapter, a
2-59 district created under Chapter 775, or a rural fire prevention
2-60 district created under Chapter 794, the most recently created
2-61 district may not provide services in the overlapping territory that
2-62 duplicate the services provided by the other district.
2-63 (b) If the territory in [one or] more than two districts
2-64 overlaps, the commissioners court of the county in which the most
2-65 recently created district is located by order shall exclude the
2-66 overlapping territory from that district.
2-67 (c) [(b)] For purposes of this section, a district is
2-68 created on the date on which the election confirming its creation
2-69 was held. If the elections confirming the creation of two or more
3-1 districts are held on the same date, the most recently created
3-2 district is the district for which the hearing required by Section
3-3 776.016 was most recently held.
3-4 (d) [(c)] The creation of [fact that] a district [is
3-5 created] with boundaries that overlap the boundaries of another
3-6 district does not affect the validity of either district.
3-7 SECTION 7. Section 794.013(a), Health and Safety Code, is
3-8 amended to read as follows:
3-9 (a) The petition prescribed by Section 794.011 or 794.012
3-10 must show:
3-11 (1) that the district is to be created and is to
3-12 operate under Article III, Section 48-d, [of the] Texas
3-13 Constitution;
3-14 (2) the name of the proposed district;
3-15 (3) the district's boundaries as designated by metes
3-16 and bounds or other sufficient legal description;
3-17 (4) that the creation of [none of the territory in]
3-18 the proposed district complies with Sections 794.020 and 794.0205
3-19 [is included in another rural fire prevention district]; and
3-20 (5) the mailing address of each petitioner.
3-21 SECTION 8. Section 794.020, Health and Safety Code, is
3-22 amended to read as follows:
3-23 Sec. 794.020. OVERLAPPING DISTRICTS LOCATED WHOLLY IN
3-24 POPULOUS COUNTY. (a) This section applies only to a district
3-25 located wholly in a county with a population of more than three
3-26 million.
3-27 (b) If the territory in one or more districts overlaps, the
3-28 commissioners court of the county in which the most recently
3-29 created district is located by order shall exclude the overlapping
3-30 territory from that district.
3-31 (c) [(b)] For purposes of this section, a district is
3-32 created on the date on which the election approving its creation
3-33 was held. If the elections approving the creation of two or more
3-34 districts are held on the same date, the most recently created
3-35 district is the district for which the hearing required by Section
3-36 794.016 was most recently held.
3-37 (d) [(c)] The creation of [fact that] a district [is
3-38 created] with boundaries that overlap the boundaries of another
3-39 district does not affect the validity of either district.
3-40 SECTION 9. Subchapter B, Chapter 794, Health and Safety Code,
3-41 is amended by adding Section 794.0205 to read as follows:
3-42 Sec. 794.0205. OVERLAPPING DISTRICTS. (a) If the territory
3-43 in a district created under this chapter overlaps with the
3-44 boundaries of another district created under this chapter or an
3-45 emergency services district created under Chapter 775 or 776, the
3-46 most recently created district may not provide services in the
3-47 overlapping territory that duplicate the services provided by the
3-48 other district.
3-49 (b) If the territory in more than two districts overlaps,
3-50 the commissioners court of the county in which the most recently
3-51 created district is located by order shall exclude the overlapping
3-52 territory from that district.
3-53 (c) For purposes of this section, a district is created on
3-54 the date on which the election approving its creation was held. If
3-55 the elections approving the creation of two or more districts are
3-56 held on the same date, the most recently created district is the
3-57 district for which the hearing regarding approval of the petition
3-58 for creation of the district was most recently held.
3-59 (d) The creation of a district with boundaries that overlap
3-60 the boundaries of another district does not affect the validity of
3-61 either district.
3-62 (e) This section does not apply to a district located wholly
3-63 in a county with a population of more than three million.
3-64 SECTION 10. This Act takes effect immediately if it receives
3-65 a vote of two-thirds of all the members elected to each house, as
3-66 provided by Section 39, Article III, Texas Constitution. If this
3-67 Act does not receive the vote necessary for immediate effect, this
3-68 Act takes effect September 1, 2001.
4-1 * * * * *