78R6181 MCK-D

By:  Madla                                                        S.B. No. 751



A BILL TO BE ENTITLED

AN ACT

relating to the notice required for a municipality to remove 
territory from an emergency services district.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 775.022(a), Health and Safety Code, is 
amended to read as follows:
	(a)  If a municipality completes all other procedures 
necessary to annex [annexes] territory in a district 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 district, the municipality shall send written notice of 
that fact to the board.  The municipality must send the notice to 
the secretary of the board by certified mail, return receipt 
requested.  The territory remains part of the district and does not 
become part of the municipality until the secretary of the board 
receives the notice.  On [, the board shall, on] receipt of the 
notice, the board shall [a written request of the municipality,] 
immediately change its records to show that [disannex] the 
territory has been disannexed from the district and shall cease to 
provide further services to the residents of that territory.
	SECTION 2.  Section 776.052(c), Health and Safety Code, is 
amended to read as follows:
	(c)  If a municipality that is not in the district completes 
all other procedures necessary to annex [annexes] territory that is 
included in a district 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 district, the 
governing body of the municipality shall send written notice of 
that fact to the board.  The municipality must send the notice to 
[notify] the secretary of the board by certified mail, return 
receipt requested.  The territory remains part of the district and 
does not become part of the municipality until the secretary of the 
board receives the notice. On receipt of the notice, the board shall 
immediately change its records to show that the territory has been 
disannexed from the district and shall cease to provide further 
services to the residents of that territory [in writing that the 
annexed territory is excluded from the district's territory].
	SECTION 3.  This Act takes effect September 1, 2003.