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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of certain emergency services |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 775.0205(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) If the territory in a district created under this |
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chapter overlaps with the boundaries of another district created |
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under this chapter [or a district created under Chapter 776], the |
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most recently created district may not provide services in the |
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overlapping territory that duplicate the services provided by the |
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other district at the time the overlapping district was created. |
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SECTION 2. Section 344.051(c), Local Government Code, is |
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amended to read as follows: |
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(c) Except as provided by Subsection (f), a district may be |
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created inside the boundaries of an emergency services district |
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operating under Chapter 775 [or 776], Health and Safety Code, only |
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if the governing body of the emergency services district gives its |
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written consent by order or resolution not later than the 60th day |
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after the date the governing body receives a request for its |
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consent. |
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SECTION 3. Section 323.101(f), Tax Code, is amended to read |
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as follows: |
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(f) The provisions of this chapter govern the application, |
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collection, and administration of a sales and use tax imposed under |
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Chapter 285 or [,] 775, [or 776,] Health and Safety Code, to the |
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extent not inconsistent with the provisions of those chapters. |
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Provided, however, that Subsection (b) shall not apply to a tax |
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authorized under those chapters. |
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SECTION 4. Chapter 776, Health and Safety Code, is |
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repealed. |
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SECTION 5. (a) On the effective date of this Act, a district |
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created under Chapter 776, Health and Safety Code, is converted |
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into a district operated under Chapter 775, Health and Safety Code. |
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A district converted under this section continues in existence and |
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is subject to Chapter 775, Health and Safety Code. |
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(b) On and after the effective date of this Act, each person |
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serving as a fire commissioner of a district created under Chapter |
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776, Health and Safety Code, is an emergency services commissioner |
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and shall serve on the board of the district as an emergency |
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services commissioner for the remainder of the unexpired term to |
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which the person was elected. |
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SECTION 6. 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. |