SRC-JLB S.B. 751 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 751
78R6181 MCK-DBy: Madla
Intergovernmental Relations
3/5/2003
As Filed


DIGEST AND PURPOSE 

Texas law allows a municipality to annex territory out of the service
boundaries of an emergency services district (ESD) service boundaries and
requires the municipality to notify the ESD of such annexation.  However,
the statute does not specifically address how the ESD is to be notified,
nor the ramifications to the municipality if it fails to comply with the
statute.  As proposed, S.B. 751 requires a municipality to notify an ESD
of such annexation by sending a written notice to the secretary of the
ESD's board by certified mail, return receipt requested; provides that
proposed annexation territory remains part of the district and does not
become part of the municipality until the secretary of the board receives
the notice; and requires an ESD to immediately change its records to show
that the territory has been disannexed from the ESD and to cease to
provide further services to the residents of that territory. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 775.022(a), Health and Safety Code, to requires
the municipality, if a municipality completes all other procedures
necessary to annex territory in an emergency services district (ESD) and
if the municipality intends to provide emergency services to the territory
by the use of municipal personnel or by some method other than by use of
the ESD, to send written notice of that fact to the board of ESD
commissioners (board).  Requires the municipality to send the notice to
the secretary of the board by certified mail, return receipt requested.
Provides that the territory remains part of the ESD and does not become
part of the municipality until the secretary of the board receives the
notice.  Requires the board, on  receipt of the notice, to immediately
change its records to show that the territory has been disannexed from the
ESD and to cease to provide further services to the residents of that
territory. 

SECTION 2.  Amends Section 776.052(c), Health and Safety Code, to require
the governing body of the municipality, if a municipality that is not in
an ESD completes all other procedures necessary to annex territory that is
included in the ESD and if the municipality intends to provide emergency
services to the territory by the use of municipal personnel or by some
method other than by use of the ESD, to send written notice of that fact
to the board.  Requires the municipality to send the notice to the
secretary of the board by certified mail, return receipt requested.
Provides that the territory remains part of the ESD and does not become
part of the municipality until the secretary of the board receives the
notice.  Requires the board, on receipt of the notice, to immediately
change its records to show that the territory has been disannexed from the
ESD and to cease to provide further services to the residents of that
territory. 

SECTION 3.  Effective date: September 1, 2003.