1-1                                   AN ACT
 1-2     relating to the consent of certain municipalities to the inclusion
 1-3     of their extraterritorial jurisdiction in emergency services
 1-4     districts.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 775.013(a), Health and Safety Code, is
 1-7     amended to read as follows:
 1-8           (a)  The petition prescribed by Section 775.011 or 775.012
 1-9     must show:
1-10                 (1)  that the district is to be created and is to
1-11     operate under Article III, Section 48-e, of the Texas Constitution,
1-12     as proposed by S.J.R. No. 27, Acts of the 70th Legislature, Regular
1-13     Session, 1987, and adopted by the voters at an election held
1-14     November 3, 1987;
1-15                 (2)  the name of the proposed district;
1-16                 (3)  the district's boundaries as designated by metes
1-17     and bounds or other sufficient legal description;
1-18                 (4)  that none of the territory in the district is
1-19     included in another emergency services district; [and]
1-20                 (5)  the mailing address of each petitioner; and
1-21                 (6)  the name of each municipality whose consent must
1-22     be obtained under Section 775.014.
1-23           SECTION 2. Section 775.014, Health and Safety Code, is
1-24     amended by amending Subsection (a) and adding Subsections (h) and
 2-1     (i) to read as follows:
 2-2           (a)  Before a district may be created that contains territory
 2-3     in a municipality's limits or extraterritorial jurisdiction, a
 2-4     written request to be included in the district must be presented to
 2-5     the municipality's governing body after the petition is filed under
 2-6     Section 775.015.  Except as provided by Subsection (c), that
 2-7     territory may not be included in the district unless the
 2-8     municipality's governing body gives its written consent on or
 2-9     before the 60th day after the date on which the municipality
2-10     receives the request.
2-11           (h)  The governing body of a municipality with a population
2-12     of more than one million may negotiate with the commissioners court
2-13     of a county with a population of less than 1.4 million that is the
2-14     county in which the majority of the territory inside the
2-15     municipality's corporate boundaries is located conditions under
2-16     which the municipality will grant its consent to the inclusion of
2-17     its extraterritorial jurisdiction in the district.  The negotiated
2-18     conditions may:
2-19                 (1)  limit the district's ability to incur debt;
2-20                 (2)  require the district to ensure that its equipment
2-21     is compatible with the municipality's equipment; and
2-22                 (3)  require the district to enter into mutual aid
2-23     agreements.
2-24           (i)  A request submitted under this section to a municipality
2-25     described by Subsection (h) must include:
2-26                 (1)  a copy of the petition submitted under Section
2-27     775.015; and
 3-1                 (2)  a sufficient legal description of the portion  of
 3-2     the municipality and its extraterritorial jurisdiction that would
 3-3     be included in the district territory.
 3-4           SECTION 3. Section 775.016(c), Health and Safety Code, is
 3-5     amended to read as follows:
 3-6           (c)  The commissioners court has exclusive jurisdiction to
 3-7     determine each issue relating to the creation of the district,
 3-8     including any matters negotiated with a consenting municipality
 3-9     under Section 775.014(h), and may issue incidental orders it
3-10     considers proper in relation to the issues before the commissioners
3-11     court.  The commissioners court may adjourn the hearing as
3-12     necessary.
3-13           SECTION 4. Section 775.017(a), Health and Safety Code, is
3-14     amended to read as follows:
3-15           (a)  If after the hearing the commissioners court finds that
3-16     creation of the district is feasible and will promote the public
3-17     safety, welfare, health, and convenience of persons residing in the
3-18     proposed district, the commissioners court shall grant the
3-19     petition, [and] fix the district's boundaries, and impose any
3-20     conditions negotiated under Section 775.014(h).  If the proposed
3-21     district, according to its boundaries stated in the petition, is
3-22     located wholly in a county with a population of more than 2.4
3-23     million, the commissioners court may amend the petition to change
3-24     the boundaries of the proposed district if the commissioners court
3-25     finds the change is necessary or desirable.  For the purposes of
3-26     this provision, the population of the county is determined
3-27     according to the most recent federal decennial census available at
 4-1     the time the petition is filed.
 4-2           SECTION 5. Section 775.018(a), Health and Safety Code, is
 4-3     amended to read as follows:
 4-4           (a)  Except as provided by Subsection (b), on the granting of
 4-5     a petition, the commissioners court shall order an election to
 4-6     confirm the district's creation and authorize the imposition of a
 4-7     tax not to exceed 10 cents on each $100 of the taxable value of
 4-8     property taxable by the district or three cents on each $100 of the
 4-9     taxable value of property taxable by the district if any area in
4-10     the district is also included in a rural fire prevention district.
4-11     Any conditions negotiated under Section 775.014(h) must be included
4-12     on the ballot.
4-13           SECTION 6. Section 775.019, Health and Safety Code, is
4-14     amended by amending Subsection (b) and adding Subsection (f) to
4-15     read as follows:
4-16           (b)  A district may not include territory in a municipality's
4-17     limits or extraterritorial jurisdiction unless a majority of the
4-18     voters residing in that territory who vote at the election vote in
4-19     favor of creating the district subject to any conditions negotiated
4-20     under Section 775.014(h) and imposing a tax.  The exclusion of that
4-21     territory does not affect the creation of a district that includes
4-22     the remainder of the proposed territory if the commissioners
4-23     court's findings under Section 775.017 are favorable to the
4-24     district's creation.
4-25           (f)  Any conditions that were negotiated under Section
4-26     775.014(h) and included on the ballot must be included in the order
4-27     entered under this section.
 5-1           SECTION 7. Section 775.031, Health and Safety Code, is
 5-2     amended by adding Subsection (e) to read as follows:
 5-3           (e)  In the event of a conflict between a power granted under
 5-4     this chapter and a condition imposed in accordance with Section
 5-5     775.019(f), the condition controls.
 5-6           SECTION 8. This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3191 was passed by the House on April
         20, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3191 was passed by the Senate on May
         22, 2001, by the following vote:  Yeas 30, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor