79R6827 MXM-D

By:  Baxter                                                       H.B. No. 2235



A BILL TO BE ENTITLED

AN ACT

relating to 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 entire membership of the board of each of the 
districts unanimously votes in favor of holding an election in the 
district on the question of approving 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)."
	(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 previously 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.  Subchapter D, Chapter 775, Health and Safety 
Code, is amended by adding Section 775.057 to read as follows:
	Sec. 775.057.  MUNICIPAL ANNEXATION.  (a)  A municipality 
that annexes territory in a district shall hold an election in the 
territory on the question of whether the residents of that area 
favor disannexation from the district.  The ballot for the election 
shall be printed to permit voting for or against the proposition:  
"Disannexation from the _________ (insert district name)."
	(b)  If a majority of the voters voting at the election favor 
disannexation from the district, the board immediately shall 
disannex the territory as provided by Section 775.0235(b).  
Sections 775.0235(d), (e), and (f) apply to the board's actions 
under this section as if the territory was disannexed under that 
section.
	(c)  If less than a majority of the voters voting favor 
disannexation from the district, the annexed territory remains in 
the district.
	(d)  If the annexed territory remains in the district, the 
governing body of the municipality may appoint a commissioner to 
the board to serve a two-year term.   The initial commissioner 
appointed by the governing body under this subsection shall be 
appointed to less than a two-year term to correspond to the dates on 
which the terms of existing commissioners expire. The governing 
body may continue to appoint a commissioner until the territory is 
disannexed from the district.  Multiple annexations do not entitle 
a municipality to appoint more than one commissioner to the board.  
This subsection does not apply to a municipality located wholly 
inside the territory of the district.
	(e)  If the annexed territory remains in the district, and 
the district continues to provide emergency services to the annexed 
territory, the municipality shall reimburse the district for the 
services provided in the territory at a rate equal to that incurred 
by the district in providing services to the territory before the 
annexation.
	SECTION 3.  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.