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A BILL TO BE ENTITLED
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AN ACT
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relating to consolidation of emergency services districts in |
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certain counties. |
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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 L to read as follows: |
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SUBCHAPTER L. CONSOLIDATION OF EMERGENCY SERVICES DISTRICTS |
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IN CERTAIN COUNTIES |
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Sec. 775.351. APPLICABILITY. This subchapter applies only |
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to a county: |
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(1) with a population of more than 1.5 million; and |
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(2) that has in its boundaries 11 emergency services |
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districts on January 1, 2011. |
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Sec. 775.352. CONSOLIDATION OF EMERGENCY SERVICES |
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DISTRICTS. (a) All districts located wholly in a county to which |
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this subchapter applies shall consolidate into a single district |
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according to this subchapter. |
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(b) The boards of the districts shall adopt a joint order of |
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consolidation that includes: |
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(1) the name and territory of the consolidated |
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district; and |
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(2) the proposed date on which the former districts |
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dissolve and the consolidated district is created and will start |
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offering services, which may not be before the date the |
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commissioners court declares the results of the election held under |
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Section 775.353. |
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Sec. 775.353. ELECTION OF INITIAL BOARD. (a) Before the |
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former districts consolidate, the commissioners court shall order |
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an election to elect seven initial emergency services commissioners |
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at the next available uniform election date that allows sufficient |
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time to comply with other requirements of law. |
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(b) The commissioners court, at the time it orders the |
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election, shall order creation of seven election precincts in the |
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district and shall designate polling places in each precinct. |
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(c) One emergency services commissioner is elected from |
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each election precinct by the voters of that precinct. |
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(d) Except as provided by Subsection (e), emergency |
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services commissioners serve staggered two-year terms. |
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(e) The initial emergency services commissioners shall |
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stagger their terms, with a majority of the commissioners serving |
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two years, and a minority of commissioners serving one year. If the |
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initial commissioners cannot agree on the staggering, the |
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commissioners shall draw lots to determine the commissioners who |
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serve one-year terms. |
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Sec. 775.354. CONVERSION OF APPOINTED BOARD TO ELECTED |
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BOARD. An emergency services commissioner serving on the board of a |
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district in a county to which this subchapter applies immediately |
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before the date the joint order is adopted continues to carry out |
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the board's functions until the new commissioners for the |
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consolidated district are elected and qualified and the |
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consolidated district is created. |
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Sec. 775.355. ELECTION OF BOARD. (a) The governing body of |
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a consolidated district created under this subchapter consists of a |
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seven-person board of emergency services commissioners elected as |
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prescribed by this section. Except as provided by Section 775.353, |
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an emergency services commissioner serves a two-year term. |
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(b) The election precincts created under Section 775.353 |
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shall remain the election precincts of the district until changed |
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by an order of its board. One commissioner is elected from each |
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election precinct by the voters of the precinct. |
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(c) The general election for commissioners shall be held |
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annually on a uniform election date provided by Chapter 41, |
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Election Code. |
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Sec. 775.356. TAXES FOR CONSOLIDATED DISTRICT. (a) The |
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boards that adopt a joint order under Section 775.352 jointly shall |
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set a maximum tax rate throughout the consolidated district at a |
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rate that does not exceed the lowest maximum tax rate authorized for |
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any of the former districts. |
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(b) The board of the consolidated district may order an |
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election under Section 775.0745 or 775.0752, as appropriate, to |
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authorize the imposition of taxes throughout the consolidated |
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district at a rate that exceeds the lowest maximum tax rate |
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authorized for any of the former districts but does not exceed the |
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maximum tax rate authorized by this chapter. If the board conducts |
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an election under Section 775.0752, Section 775.0753 governs the |
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effective date of the resulting tax rate. |
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Sec. 775.357. EFFECT OF CONSOLIDATION. The consolidated |
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district assumes all powers, rights, duties, assets, and |
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liabilities of the former districts without a change in |
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status. The consolidation does not diminish or impair the rights |
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of the holders of any outstanding and unpaid bonds, warrants, or |
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other obligations of the district. |
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SECTION 2. In a county to which Subchapter L, Chapter 755, |
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Health and Safety Code, as added by this Act, applies on the |
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effective date of this Act: |
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(1) the consolidation required by Section 775.352, |
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Health and Safety Code, as added by this Act, must take place as |
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soon as practicable after the date of an election held under Section |
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775.353(a), Health and Safety Code, as added by this Act, and not |
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later than August 31, 2013; and |
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(2) the resulting consolidated district must be |
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created and start offering services not later than September 1, |
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2013. |
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SECTION 3. 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, 2011. |