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AN ACT
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relating to the division of certain emergency services districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 775, Health and Safety Code, is amended |
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by adding Subchapter I to read as follows: |
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SUBCHAPTER I. DIVISION OF DISTRICT |
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Sec. 775.221. AUTHORITY TO DIVIDE DISTRICT. The board of a |
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district located wholly in one county with a population of 20,000 or |
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less may create a new district by disannexing territory from the |
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existing district and ordering a new district to be created in the |
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disannexed territory in the manner provided by this subchapter. |
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Sec. 775.222. PETITION FOR DIVISION; NOTICE OF HEARING. |
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(a) Before the existing district may be divided, the district's |
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board must receive a petition for division signed by at least seven |
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percent of the district's qualified voters or at least 100 of the |
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district's qualified voters, whichever is the lesser number. |
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(b) A petition for division must include: |
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(1) the name of the new district to be created; and |
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(2) a description of the territory proposed to be the |
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new district's territory. |
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(c) On receipt of a petition in the proper form, the board |
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shall set a place, date, and time for a hearing to consider the |
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petition. |
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(d) The board shall issue a notice of the hearing that |
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includes: |
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(1) the name of the proposed district; |
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(2) a description of the proposed district's |
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boundaries; and |
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(3) the place, date, and time of the hearing on the |
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petition. |
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(e) The board shall publish the notice in a newspaper of |
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general circulation in the district once a week for two consecutive |
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weeks. The first publication must occur not later than the 21st day |
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before the date on which the hearing will be held. |
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Sec. 775.223. HEARING ON DIVISION OF DISTRICT. (a) At the |
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hearing on the petition for division of the existing district, the |
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board shall consider the petition and each issue relating to the |
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division of the district. |
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(b) Any interested person may appear before the board to |
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support or oppose the division. |
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(c) If the board finds that the petition contains the number |
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of signatures required under Section 775.222(a), the board shall |
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approve the petition not later than the 10th day after the date of |
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the hearing. |
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Sec. 775.224. APPEAL. A resident of the district or an |
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owner of real or personal property located in the district may |
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appeal the board's decision on the division of the district by |
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filing an appeal in the district court in the county in which a |
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district is located only on the basis that the board incorrectly |
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tabulated the number of signatures on the petition. |
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Sec. 775.225. ELECTION TO CONFIRM DIVISION. (a) On |
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granting a petition to divide the district, the board shall order an |
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election to be held in the territory of the proposed new district to |
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confirm the division of the existing district. |
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(b) Notice of the election shall be given in the same manner |
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as the notice of hearing under Section 775.222. |
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(c) The election shall be held on the first authorized |
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uniform election date prescribed by the Election Code that allows |
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sufficient time to comply with the requirements of law. |
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(d) The ballot shall be printed to provide for voting for or |
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against the proposition: "Dividing the ________ Emergency Services |
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District to create a new emergency services district." |
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(e) If a majority of voters voting at the election vote to |
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divide the district, the board shall order the division. |
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(f) If a majority of those voting at the election vote |
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against dividing the existing district, the board may not order |
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another election on the issue before the first anniversary of the |
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date of the canvass of the election. |
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(g) The existing district and the new district each shall |
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pay a pro rata share of the cost of an election held under this |
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section, based on the assessed value of real property in each |
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district subject to ad valorem taxation. |
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Sec. 775.226. DIVISION ORDER. A board order to divide a |
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district must: |
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(1) disannex the land of the new district from the |
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existing district contingent on the approval of the creation of the |
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new district at the election held under this subchapter; |
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(2) create the new district in accordance with this |
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chapter; |
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(3) name the new district; and |
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(4) include the metes and bounds description of the |
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territory of the new district and the existing district after |
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disannexation. |
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Sec. 775.227. ADMINISTRATION OF DISTRICTS AFTER DIVISION. |
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(a) The existing board continues in existence to govern the |
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territory of the existing district after disannexation. |
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(b) If the new district is located wholly in one county, the |
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commissioners court shall appoint a board in the manner described |
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by Section 775.034 not later than the 14th day after the date of the |
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board order dividing the district. |
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Sec. 775.228. TAXATION FOR OUTSTANDING BONDED DEBT. The |
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disannexation of territory from a district under this subchapter |
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does not diminish or impair the rights of the holders of any |
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outstanding and unpaid bonds, warrants, or other obligations of |
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that district. Property disannexed under this subchapter is not |
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released from its pro rata share of any of the district's bonded |
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indebtedness on the date of the disannexation, and the district may |
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continue to tax property in the disannexed territory until that |
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debt is paid as if the territory had not been disannexed. |
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Sec. 775.229. FURTHER DIVISION PROHIBITED. Once a district |
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has been divided under this subchapter, neither the existing |
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district nor the new district may be divided under this subchapter. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2212 was passed by the House on May 5, |
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2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2212 on May 29, 2009, by the following vote: Yeas 144, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2212 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |