79R13597 MXM-D


By:  Baxter                                                       H.B. No. 2235

Substitute the following for H.B. No. 2235:                                   

By:  Allen of Dallas                                          C.S.H.B. No. 2235



A BILL TO BE ENTITLED

AN ACT

relating to the merger of emergency services districts.                       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 775, Health and Safety 
Code, is amended by adding Section 775.024 to read as follows:
	Sec. 775.024.  MERGER OF EMERGENCY SERVICES DISTRICTS.  (a)  
Two or more emergency services districts may merge into a single 
emergency services district as provided by this section if:
		(1)  the board of each of the districts votes in favor 
of the merger; and
		(2)  the residents of each district approve the merger 
in an election held for that purpose.
	(b)  The boards shall agree on a name for the proposed merged 
district and choose five commissioners from among the membership of 
the boards to serve on the initial board for the proposed district.  
The boards shall agree to stagger the terms appropriately.
	(c)  The ballot for the election to approve a merger shall be 
printed to permit voting for or against the proposition:  "The 
merger of the _________ (insert district names) to create the 
_______________ (insert name of proposed district), which assumes 
all outstanding debts of the merged districts."
	(d)  If a majority of the voters voting in each district 
favor the merger, the merged district is created.  If less than a 
majority of the voters voting in any of the districts are in favor 
of the merger, the vote fails and the districts are not merged.
	(e)  The maximum tax rate that may be imposed by the merged 
district may not exceed the maximum tax rate authorized for any of 
the previous districts.
	(f)  The merged district assumes all powers, rights, duties, 
assets, and liabilities of the former districts without a change in 
status.  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.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.