BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2235

79R13597 MXM-D                                                                                       By: Baxter (Barrientos)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/19/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

H.B. 2235 allows and provides a procedure for merging multiple emergency services districts into one district in order to ensure that effective and efficient emergency services are provided in rural areas.

 

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 Subchapter B, Chapter 775, Health and Safety Code, by adding Section 775.024, as follows:

 

Sec. 775.024.  MERGER OF EMERGENCY SERVICES DISTRICTS.  (a)  Authorizes two or more emergency services districts to merge into a single emergency services district (district) as provided by this section if certain conditions exist.

 

(b)  Requires the boards of directors of the districts (boards) to agree on a name for the proposed merged district and to choose five commissioners from among the membership of the boards to serve on the initial board for the proposed district.  Requires the boards to agree to stagger the terms appropriately.

 

(c)  Requires the ballot for the election to approve a merger to be printed to permit voting for or against the proposition.  Sets forth the specific language for the proposition. 

 

(d)  Provides that the merged district is created, if a majority of the voters voting in each district favor the merger.  Provides that the vote fails and the districts are not merged, if less than a majority of the voters voting in any of the districts are in favor of the merger,

 

(e)  Prohibits the maximum tax rate that may be imposed by the merged district from exceeding the maximum tax rate authorized for any of the previous districts.

 

(f)  Provides that the merged district assumes all powers, rights, duties, assets, and liabilities of the former districts without a change in status.  Provides that the merger does not diminish or impair the rights of the holders of any outstanding and unpaid bonds, warrants, or obligations of the district.

 

SECTION 2.  Effective date:  upon passage or September 1, 2005.