82R7804 JXC-D
 
  By: Garza H.B. No. 1718
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to consolidation of emergency services districts in
  certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 775, Health and Safety Code, is amended
  by adding Subchapter L to read as follows:
  SUBCHAPTER L.  CONSOLIDATION OF EMERGENCY SERVICES DISTRICTS
  IN CERTAIN COUNTIES
         Sec. 775.351.  APPLICABILITY. This subchapter applies only
  to a county:
               (1)  with a population of more than 1.5 million; and
               (2)  that has in its boundaries 11 emergency services
  districts on January 1, 2011.
         Sec. 775.352.  CONSOLIDATION OF EMERGENCY SERVICES
  DISTRICTS.  (a)  All districts located wholly in a county to which
  this subchapter applies shall consolidate into a single district
  according to this subchapter.
         (b)  The boards of the districts shall adopt a joint order of
  consolidation that includes:
               (1)  the name and territory of the consolidated
  district; and
               (2)  the proposed date on which the former districts
  dissolve and the consolidated district is created and will start
  offering services, which may not be before the date the
  commissioners court declares the results of the election held under
  Section 775.353.
         Sec. 775.353.  ELECTION OF INITIAL BOARD. (a)  Before the
  former districts consolidate, the commissioners court shall order
  an election to elect seven initial emergency services commissioners
  at the next available uniform election date that allows sufficient
  time to comply with other requirements of law.
         (b)  The commissioners court, at the time it orders the
  election, shall order creation of seven election precincts in the
  district and shall designate polling places in each precinct.
         (c)  One emergency services commissioner is elected from
  each election precinct by the voters of that precinct.
         (d)  Except as provided by Subsection (e), emergency
  services commissioners serve staggered two-year terms.
         (e)  The initial emergency services commissioners shall
  stagger their terms, with a majority of the commissioners serving
  two years, and a minority of commissioners serving one year.  If the
  initial commissioners cannot agree on the staggering, the
  commissioners shall draw lots to determine the commissioners who
  serve one-year terms.
         Sec. 775.354.  CONVERSION OF APPOINTED BOARD TO ELECTED
  BOARD.  An emergency services commissioner serving on the board of a
  district in a county to which this subchapter applies immediately
  before the date the joint order is adopted continues to carry out
  the board's functions until the new commissioners for the
  consolidated district are elected and qualified and the
  consolidated district is created.
         Sec. 775.355.  ELECTION OF BOARD. (a)  The governing body of
  a consolidated district created under this subchapter consists of a
  seven-person board of emergency services commissioners elected as
  prescribed by this section. Except as provided by Section 775.353,
  an emergency services commissioner serves a two-year term.
         (b)  The election precincts created under Section 775.353
  shall remain the election precincts of the district until changed
  by an order of its board.  One commissioner is elected from each
  election precinct by the voters of the precinct.
         (c)  The general election for commissioners shall be held
  annually on a uniform election date provided by Chapter 41,
  Election Code.
         Sec. 775.356.  TAXES FOR CONSOLIDATED DISTRICT. (a)  The
  boards that adopt a joint order under Section 775.352 jointly shall
  set a maximum tax rate throughout the consolidated district at a
  rate that does not exceed the lowest maximum tax rate authorized for
  any of the former districts.
         (b)  The board of the consolidated district may order an
  election under Section 775.0745 or 775.0752, as appropriate, to
  authorize the imposition of taxes throughout the consolidated
  district at a rate that exceeds the lowest maximum tax rate
  authorized for any of the former districts but does not exceed the
  maximum tax rate authorized by this chapter.  If the board conducts
  an election under Section 775.0752, Section 775.0753 governs the
  effective date of the resulting tax rate.
         Sec. 775.357.  EFFECT OF CONSOLIDATION. The consolidated
  district assumes all powers, rights, duties, assets, and
  liabilities of the former districts without a change in
  status.  The consolidation does not diminish or impair the rights
  of the holders of any outstanding and unpaid bonds, warrants, or
  other obligations of the district.
         SECTION 2.  In a county to which Subchapter L, Chapter 755,
  Health and Safety Code, as added by this Act, applies on the
  effective date of this Act:
               (1)  the consolidation required by Section 775.352,
  Health and Safety Code, as added by this Act, must take place as
  soon as practicable after the date of an election held under Section
  775.353(a), Health and Safety Code, as added by this Act, and not
  later than August 31, 2013; and
               (2)  the resulting consolidated district must be
  created and start offering services not later than September 1,
  2013.
         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, 2011.