By: Van de Putte S.B. No. 1712
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to emergency service districts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 775.013, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 775.013. Contents of Petition. (a) The petition
1-7 prescribed by Section 775.011 or 775.012 must show:
1-8 (1) that the district is to be created and is to
1-9 operate under Article III, Section 48-e, of the Texas Constitution,
1-10 as proposed by S.J.R. No. 27, Acts of the 70th Legislature, Regular
1-11 Session, 1987, and adopted by the voters at an election held
1-12 November 3, 1987;
1-13 (2) the name of the proposed district;
1-14 (3) the district's boundaries as designated by metes
1-15 and bounds or other sufficient legal description;
1-16 (4) that none of the territory in the district is
1-17 included in another emergency services district; [and]
1-18 (5) the mailing address of each petitioner; and[.]
1-19 (6) the names of all municipalities whose consent must
1-20 be sought pursuant to Health and Safety Code Section 775.014.
1-21 SECTION 2. Section 775.014, Health and Safety Code, is
1-22 amended to read as follows:
1-23 Sec. 775.014. Creation of District That Includes Municipal
2-1 Territory. (a) Before a district may be created that contains
2-2 territory in a municipality's limits or extraterritorial
2-3 jurisdiction, a written request to be included in the district must
2-4 be presented to the municipality's governing body, after a petition
2-5 is filed under Section 775.015 of this chapter. Except as provided
2-6 by Subsection (c), that territory may not be included in the
2-7 district unless the municipality's governing body gives its written
2-8 consent on or before the 60th day after the date on which the
2-9 municipality receives the request.
2-10 (b) If the municipality's governing body does not consent to
2-11 inclusion within the 60-day period prescribed by Subsection (a), a
2-12 majority of the qualified voters and the owners of at least 50
2-13 percent of the territory in the municipality's limits or
2-14 extraterritorial jurisdiction that would have been included in the
2-15 district may petition the governing body to make fire control and
2-16 emergency medical and ambulance services available. The petition
2-17 must be submitted to the governing body not later than the 90th day
2-18 after the date on which the municipality receives the request under
2-19 Subsection (a).
2-20 (c) If the municipality's governing body refuses or fails to
2-21 act on the petition requesting fire protection and emergency
2-22 medical and ambulance services within six months after the date on
2-23 which the petition submitted under Subsection (b) is received, the
2-24 governing body's refusal or failure to act constitutes consent for
2-25 the territory that is the subject of the petition to be included in
2-26 the proposed district.
3-1 (d) If the proposed district will include territory
3-2 designated by a municipality as an industrial district under
3-3 Section 42.044, Local Government Code, consent to include the
3-4 industrial district must be obtained from the municipality's
3-5 governing body in the same manner provided by this section for
3-6 obtaining consent to include territory within the limits or
3-7 extraterritorial jurisdiction of a municipality.
3-8 (e) If the municipality's governing body consents to
3-9 inclusion of territory within its limits or extraterritorial
3-10 jurisdiction, or in an industrial district, the territory may be
3-11 included in the district in the same manner as other territory is
3-12 included under this chapter.
3-13 (f) A governing body's consent to include territory in the
3-14 district and to initiate proceedings to create a district as
3-15 prescribed by this chapter expires six months after the date on
3-16 which the consent is given.
3-17 (g) This section does not apply if the proposed district
3-18 contains territory in the unincorporated area of a county with a
3-19 population of 2.4 million or more.
3-20 (h) A municipality's governing body may negotiate with the
3-21 commissioners court of the county which has authority to create the
3-22 proposed district conditions under which its consent to the
3-23 inclusion of its ETJ in the district is granted. The negotiated
3-24 conditions may:
3-25 1) limit the district's ability to incur debt;
3-26 2) require the district to ensure that its equipment
4-1 is compatible with the municipality's; and
4-2 3) require the district to enter mutual aid
4-3 agreements.
4-4 (i) A request submitted under this section must include a
4-5 copy of the petition submitted pursuant to Health and Safety Code
4-6 Section 775.015 and a sufficient legal description of that portion
4-7 of the municipality or its extraterritorial jurisdiction which
4-8 would be included within the district's boundaries.
4-9 SECTION 3. Section 775.016, Health and Safety Code, is
4-10 amended to read as follows:
4-11 Sec. 775.016. Hearing. (a) At the time and place set for
4-12 the hearing or at a later date then set, the commissioners court
4-13 shall consider the petition and each issue relating to creation of
4-14 the district.
4-15 (b) Any interested person may appear before the
4-16 commissioners court in person or by attorney to support or oppose
4-17 the creation of the district and may offer pertinent testimony.
4-18 (c) The commissioners court has exclusive jurisdiction to
4-19 determine each issue relating to the creation of the district,
4-20 including any matters negotiated with a consenting municipality
4-21 pursuant to Health and Safety Code Section 775.014(h), and may
4-22 issue incidental orders it considers proper in relation to the
4-23 issues before the commissioners court. The commissioners court may
4-24 adjourn the hearing as necessary.
4-25 SECTION 4. Section 775.017, Health and Safety Code, is
4-26 amended to read as follows:
5-1 Sec. 775.017. Petition Approval. (a) If after the hearing
5-2 the commissioners court finds that creation of the district is
5-3 feasible and will promote the public safety, welfare, health, and
5-4 convenience of persons residing in the proposed district, the
5-5 commissioners court shall grant the petition, [and] fix the
5-6 district's boundaries and impose any conditions negotiated pursuant
5-7 to Health and Safety Code Section 775.014(h). If the proposed
5-8 district, according to its boundaries stated in the petition, is
5-9 located wholly in a county with a population of more than 2.4
5-10 million, the commissioners court may amend the petition to change
5-11 the boundaries of the proposed district if the commissioners court
5-12 finds the change is necessary or desirable. For the purposes of
5-13 this provision, the population of the county is determined
5-14 according to the most recent federal decennial census available at
5-15 the time the petition is filed.
5-16 SECTION 5. Section 775.018(a), Health and Safety Code, is
5-17 amended to read as follows:
5-18 Sec. 775.018. Election. (a) Except as provided by
5-19 Subsection (b), on the granting of a petition, the commissioners
5-20 court shall order an election to confirm the district's creation
5-21 and authorize the imposition of a tax not to exceed 10 cents on
5-22 each $100 of the taxable value of property taxable by the district
5-23 or three cents on each $100 of the taxable value of property
5-24 taxable by the district if any area in the district is also
5-25 included in a rural fire prevention district. Any conditions
5-26 negotiated pursuant to Health and Safety Code Section 775.014(h)
6-1 must be included on the ballot.
6-2 SECTION 6. Section 775.019, Health and Safety Code, is
6-3 amended to read as follows:
6-4 Sec. 775.019. Election Result and Commissioners Court Order.
6-5 (a) A district is created and organized under this chapter if a
6-6 majority of the votes cast in the election favor creation of the
6-7 district.
6-8 (b) A district may not include territory in a municipality's
6-9 limits or extraterritorial jurisdiction unless a majority of the
6-10 voters residing in that territory who vote at the election vote in
6-11 favor of creating the district subject to any conditions negotiated
6-12 under Section 775.014 of this chapter and imposing a tax. The
6-13 exclusion of that territory does not affect the creation of a
6-14 district that includes the remainder of the proposed territory if
6-15 the commissioners court's findings under Section 775.017 are
6-16 favorable to the district's creation.
6-17 (c) Repealed by Acts 1991, 72nd Leg., ch. 620, Sec. 2, eff.
6-18 June 16, 1991.
6-19 (d) If a majority of those voting at the election vote
6-20 against creation of the district, the commissioners court may not
6-21 order another election for at least one year after the date of the
6-22 official canvass of the most recent election concerning creation of
6-23 the district. A subsequent election must be held in the same
6-24 manner provided by this chapter for the original creation election.
6-25 (e) When a district is created, the commissioners court of
6-26 each county in which the district is located shall enter in its
7-1 minutes an order that reads substantially as follows:
7-2 Whereas, at an election held on the ______ day of
7-3 ____________, 19___, in that part of ____________ County, State of
7-4 Texas, described as (insert description unless the district is
7-5 countywide), there was submitted to the qualified voters the
7-6 question of whether that territory should be formed into an
7-7 emergency services district under state law; and
7-8 Whereas, at the election ______ votes were cast in favor of
7-9 formation of the district and ______ votes were cast against
7-10 formation; and
7-11 Whereas, the formation of the emergency services district
7-12 received the affirmative vote of the majority of the votes cast at
7-13 the election as provided by law;
7-14 Now, therefore, the Commissioners Court of ____________
7-15 County, State of Texas, finds and orders that the tract described
7-16 in this order has been duly and legally formed into an emergency
7-17 services district (or a portion thereof) under the name of
7-18 ____________, under Article III, Section 48-e, of the Texas
7-19 Constitution, as proposed by S.J.R. No. 27, Acts of the 70th
7-20 Legislature, Regular Session, 1987, and adopted by the voters at an
7-21 election held November 3, 1987, and has the powers vested by law in
7-22 the district.
7-23 (f) Any conditions which were negotiated pursuant to Health
7-24 and Safety Code Section 775.014(h) and included on the ballot must
7-25 be included in the order entered under this section.
7-26 SECTION 7. Section 775.031, Health and Safety Code, is
8-1 amended by adding Subsection (e) to read as follows:
8-2 (e) In the event of a conflict between a power granted under
8-3 this chapter and a condition imposed in accordance with Health and
8-4 Safety Code Section 775.019(f), the condition is controlling.
8-5 SECTION 8. This Act takes effect September 1, 2001.