1-1 By: Puente (Senate Sponsor - Van de Putte) H.B. No. 3191
1-2 (In the Senate - Received from the House April 23, 2001;
1-3 April 24, 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 6, Nays 0; May 9, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the consent of certain municipalities to the inclusion
1-9 of their extraterritorial jurisdiction in emergency services
1-10 districts.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 775.013(a), Health and Safety Code, is
1-13 amended to read as follows:
1-14 (a) The petition prescribed by Section 775.011 or 775.012
1-15 must show:
1-16 (1) that the district is to be created and is to
1-17 operate under Article III, Section 48-e, of the Texas Constitution,
1-18 as proposed by S.J.R. No. 27, Acts of the 70th Legislature, Regular
1-19 Session, 1987, and adopted by the voters at an election held
1-20 November 3, 1987;
1-21 (2) the name of the proposed district;
1-22 (3) the district's boundaries as designated by metes
1-23 and bounds or other sufficient legal description;
1-24 (4) that none of the territory in the district is
1-25 included in another emergency services district; [and]
1-26 (5) the mailing address of each petitioner; and
1-27 (6) the name of each municipality whose consent must
1-28 be obtained under Section 775.014.
1-29 SECTION 2. Section 775.014, Health and Safety Code, is
1-30 amended by amending Subsection (a) and adding Subsections (h) and
1-31 (i) to read as follows:
1-32 (a) Before a district may be created that contains territory
1-33 in a municipality's limits or extraterritorial jurisdiction, a
1-34 written request to be included in the district must be presented to
1-35 the municipality's governing body after the petition is filed under
1-36 Section 775.015. Except as provided by Subsection (c), that
1-37 territory may not be included in the district unless the
1-38 municipality's governing body gives its written consent on or
1-39 before the 60th day after the date on which the municipality
1-40 receives the request.
1-41 (h) The governing body of a municipality with a population
1-42 of more than one million may negotiate with the commissioners court
1-43 of a county with a population of less than 1.4 million that is the
1-44 county in which the majority of the territory inside the
1-45 municipality's corporate boundaries is located conditions under
1-46 which the municipality will grant its consent to the inclusion of
1-47 its extraterritorial jurisdiction in the district. The negotiated
1-48 conditions may:
1-49 (1) limit the district's ability to incur debt;
1-50 (2) require the district to ensure that its equipment
1-51 is compatible with the municipality's equipment; and
1-52 (3) require the district to enter into mutual aid
1-53 agreements.
1-54 (i) A request submitted under this section to a municipality
1-55 described by Subsection (h) must include:
1-56 (1) a copy of the petition submitted under Section
1-57 775.015; and
1-58 (2) a sufficient legal description of the portion of
1-59 the municipality and its extraterritorial jurisdiction that would
1-60 be included in the district territory.
1-61 SECTION 3. Section 775.016(c), Health and Safety Code, is
1-62 amended to read as follows:
1-63 (c) The commissioners court has exclusive jurisdiction to
1-64 determine each issue relating to the creation of the district,
2-1 including any matters negotiated with a consenting municipality
2-2 under Section 775.014(h), and may issue incidental orders it
2-3 considers proper in relation to the issues before the commissioners
2-4 court. The commissioners court may adjourn the hearing as
2-5 necessary.
2-6 SECTION 4. Section 775.017(a), Health and Safety Code, is
2-7 amended to read as follows:
2-8 (a) If after the hearing the commissioners court finds that
2-9 creation of the district is feasible and will promote the public
2-10 safety, welfare, health, and convenience of persons residing in the
2-11 proposed district, the commissioners court shall grant the
2-12 petition, [and] fix the district's boundaries, and impose any
2-13 conditions negotiated under Section 775.014(h). If the proposed
2-14 district, according to its boundaries stated in the petition, is
2-15 located wholly in a county with a population of more than 2.4
2-16 million, the commissioners court may amend the petition to change
2-17 the boundaries of the proposed district if the commissioners court
2-18 finds the change is necessary or desirable. For the purposes of
2-19 this provision, the population of the county is determined
2-20 according to the most recent federal decennial census available at
2-21 the time the petition is filed.
2-22 SECTION 5. Section 775.018(a), Health and Safety Code, is
2-23 amended to read as follows:
2-24 (a) Except as provided by Subsection (b), on the granting of
2-25 a petition, the commissioners court shall order an election to
2-26 confirm the district's creation and authorize the imposition of a
2-27 tax not to exceed 10 cents on each $100 of the taxable value of
2-28 property taxable by the district or three cents on each $100 of the
2-29 taxable value of property taxable by the district if any area in
2-30 the district is also included in a rural fire prevention district.
2-31 Any conditions negotiated under Section 775.014(h) must be included
2-32 on the ballot.
2-33 SECTION 6. Section 775.019, Health and Safety Code, is
2-34 amended by amending Subsection (b) and adding Subsection (f) to
2-35 read as follows:
2-36 (b) A district may not include territory in a municipality's
2-37 limits or extraterritorial jurisdiction unless a majority of the
2-38 voters residing in that territory who vote at the election vote in
2-39 favor of creating the district subject to any conditions negotiated
2-40 under Section 775.014(h) and imposing a tax. The exclusion of that
2-41 territory does not affect the creation of a district that includes
2-42 the remainder of the proposed territory if the commissioners
2-43 court's findings under Section 775.017 are favorable to the
2-44 district's creation.
2-45 (f) Any conditions that were negotiated under Section
2-46 775.014(h) and included on the ballot must be included in the order
2-47 entered under this section.
2-48 SECTION 7. Section 775.031, Health and Safety Code, is
2-49 amended by adding Subsection (e) to read as follows:
2-50 (e) In the event of a conflict between a power granted under
2-51 this chapter and a condition imposed in accordance with Section
2-52 775.019(f), the condition controls.
2-53 SECTION 8. This Act takes effect September 1, 2001.
2-54 * * * * *