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A BILL TO BE ENTITLED
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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 776, Health and Safety Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. DIVISION OF DISTRICT |
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Sec. 776.091. AUTHORITY TO DIVIDE DISTRICT. The board of a |
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district located wholly in one county may divide the district by |
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disannexing territory from the district by ordering a new district |
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to be created in the manner provided by this subchapter. |
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Sec. 776.092. PETITION FOR DIVISION; NOTICE OF HEARING. |
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(a) Before the district may be divided, the district's board must |
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receive a petition for division signed by at least 100 qualified |
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voters of the district. |
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(b) A petition for division must include: |
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(1) the name of the district to be divided; 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. 776.093. HEARING ON DIVISION OF DISTRICT. (a) At the |
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hearing on the petition for division of the district, the board |
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shall consider the petition and each issue relating to the division |
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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 creation of the new district |
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as proposed by the petition is feasible and practical and would be a |
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public benefit, the board shall make these findings and approve the |
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petition. The board shall approve or deny the petition not later |
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than 10 days after the date of the hearing. |
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Sec. 776.094. APPEAL. A person in the district or an owner |
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of real or personal property located in the district may appeal the |
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board's decision on the division of the district by filing an appeal |
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in the district court in the county in which a district is located. |
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Sec. 776.095. ELECTION TO CONFIRM DIVISION. (a) On the |
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granting of a petition to dissolve the district, the board shall |
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order an election to be held in the proposed new district to confirm |
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the division of the 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 776.092. |
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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 district, the board may not order another |
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election on the issue before the first anniversary of the date of |
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the canvass of the election. |
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Sec. 776.096. 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. 776.097. 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 776.033 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. 776.098. 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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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. |