77R10841 ATP-F
By Puente H.B. No. 3191
Substitute the following for H.B. No. 3191:
By Ramsay C.S.H.B. No. 3191
A BILL TO BE ENTITLED
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) In a county with a population of less than 1.4 million,
2-12 the governing body of a municipality with a population of more than
2-13 one million may negotiate with the commissioners court of the
2-14 county conditions under which the municipality will grant its
2-15 consent to the inclusion of its extraterritorial jurisdiction in
2-16 the district. The negotiated conditions may:
2-17 (1) limit the district's ability to incur debt;
2-18 (2) require the district to ensure that its equipment
2-19 is compatible with the municipality's equipment; and
2-20 (3) require the district to enter into mutual aid
2-21 agreements.
2-22 (i) A request submitted under this section to a municipality
2-23 described by Subsection (h) must include:
2-24 (1) a copy of the petition submitted under Section
2-25 775.015; and
2-26 (2) a sufficient legal description of the portion of
2-27 the municipality and its extraterritorial jurisdiction that would
3-1 be included in the district territory.
3-2 SECTION 3. Section 775.016(c), Health and Safety Code, is
3-3 amended to read as follows:
3-4 (c) The commissioners court has exclusive jurisdiction to
3-5 determine each issue relating to the creation of the district,
3-6 including any matters negotiated with a consenting municipality
3-7 under Section 775.014(h), and may issue incidental orders it
3-8 considers proper in relation to the issues before the commissioners
3-9 court. The commissioners court may adjourn the hearing as
3-10 necessary.
3-11 SECTION 4. Section 775.017(a), Health and Safety Code, is
3-12 amended to read as follows:
3-13 (a) If after the hearing the commissioners court finds that
3-14 creation of the district is feasible and will promote the public
3-15 safety, welfare, health, and convenience of persons residing in the
3-16 proposed district, the commissioners court shall grant the
3-17 petition, [and] fix the district's boundaries, and impose any
3-18 conditions negotiated under Section 775.014(h). If the proposed
3-19 district, according to its boundaries stated in the petition, is
3-20 located wholly in a county with a population of more than 2.4
3-21 million, the commissioners court may amend the petition to change
3-22 the boundaries of the proposed district if the commissioners court
3-23 finds the change is necessary or desirable. For the purposes of
3-24 this provision, the population of the county is determined
3-25 according to the most recent federal decennial census available at
3-26 the time the petition is filed.
3-27 SECTION 5. Section 775.018(a), Health and Safety Code, is
4-1 amended to read as follows:
4-2 (a) Except as provided by Subsection (b), on the granting of
4-3 a petition, the commissioners court shall order an election to
4-4 confirm the district's creation and authorize the imposition of a
4-5 tax not to exceed 10 cents on each $100 of the taxable value of
4-6 property taxable by the district or three cents on each $100 of the
4-7 taxable value of property taxable by the district if any area in
4-8 the district is also included in a rural fire prevention district.
4-9 Any conditions negotiated under Section 775.014(h) must be included
4-10 on the ballot.
4-11 SECTION 6. Section 775.019, Health and Safety Code, is
4-12 amended by amending Subsection (b) and adding Subsection (f) to
4-13 read as follows:
4-14 (b) A district may not include territory in a municipality's
4-15 limits or extraterritorial jurisdiction unless a majority of the
4-16 voters residing in that territory who vote at the election vote in
4-17 favor of creating the district subject to any conditions negotiated
4-18 under Section 775.014(h) and imposing a tax. The exclusion of that
4-19 territory does not affect the creation of a district that includes
4-20 the remainder of the proposed territory if the commissioners
4-21 court's findings under Section 775.017 are favorable to the
4-22 district's creation.
4-23 (f) Any conditions that were negotiated under Section
4-24 775.014(h) and included on the ballot must be included in the order
4-25 entered under this section.
4-26 SECTION 7. Section 775.031, Health and Safety Code, is
4-27 amended by adding Subsection (e) to read as follows:
5-1 (e) In the event of a conflict between a power granted under
5-2 this chapter and a condition imposed in accordance with Section
5-3 775.019(f), the condition controls.
5-4 SECTION 8. This Act takes effect September 1, 2001.