BILL ANALYSIS

 

 

Senate Research Center

S.B. 1479

 

By: Watson; Schwertner

 

Intergovernmental Relations

 

4/8/2013

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 1479 is a local bill pertaining to Williamson-Travis Counties Water Control and Improvement District 1F (District 1F).  The bill will authorize District 1F to disannex from Travis County Emergency Services District 14 upon a limited purpose annexation by  the City of Cedar Park, wherein the city provides fire protection services to District 1F pursuant to a strategic partnership agreement.

 

Currently, territory may be removed from an emergency services district upon a full purpose annexation wherein fire services are provided by the annexing municipality.  In this case, financial constraints do not allow for a full purpose annexation of District 1F.  However, District 1F and the city both wish to pursue a limited purpose annexation wherein the city will provide municipal services including fire protection.  Ultimately, the limited purpose annexation will convert into a full purpose annexation, and S.B. 1479 provides the mechanism to begin that process. 

               

As proposed, S.B. 1479 amends current law relating to the provision of emergency services in the Williamson-Travis Counties Water Control and Improvement District No. 1-F.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subtitle I, Title 6, Special District Local Laws Code, by adding Chapter 9042, as follows:

 

CHAPTER 9042.  WILLIAMSON-TRAVIS COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1-F

 

Sec. 9042.001.  DEFINITION.  Defines "district" for this chapter to mean the Williamson-Travis Counties Water Control and Improvement District No. 1-F (District 1F).

 

Sec. 9042.002.  REMOVAL OF AREA FROM EMERGENCY SERVICES DISTRICT.  (a) Provides that this section applies only to:

 

(1) a municipality with a population of less than 100,000; and

 

(2) an emergency services district operating under Chapter 775 (Emergency Services Districts), Health and Safety Code, in which District 1F is wholly or partly located.

 

(b) Requires an emergency services district, if District 1F enters into a strategic partnership agreement with a municipality under Section 43.0751 (Strategic Partnerships for Continuation of Certain Districts), Local Government Code, that includes the provision of fire-fighting services as defined by Section 49.351(k) (defining "fire-fighting services"), Water Code, and District 1F has completed all other procedures necessary for a limited-purpose annexation by that municipality, to disannex the territory of District 1F to be served by the municipality under the agreement in accordance with Subsection (c).

 

(c) Provides that the territory remains part of the emergency services district until the secretary of the emergency services district board receives from District 1F notice that the requirements of Subsection (b) have been met.  Requires the board, on receipt of the notice, to immediately change its records to show that District 1F territory has been disannexed from the emergency services district and is required to cease to provide further services to the residents of that territory.

 

(d) Provides that Sections 775.022(b) (relating to disannexation of territory not diminishing or impairing the rights of the holders of any outstanding and unpaid obligations), (c) (relating to requiring the municipality to compensate for annexed territory), (d) (relating to requiring a municipality to purchase any real or personal property used to provide emergency services in territory disannexed), (e) (relating to the amount of compensation for annexed territories), and (f) (relating to total indebtedness), Health and Safety Code, apply to a disannexation under this section, as if the disannexation occurred under the provisions of Section 775.022(a) (relating to requiring the municipality to send written notice of a plan to annex territory in a district), Health and Safety Code.

 

SECTION 2.  Provides that all requirements of the constitution and the laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

 

SECTION 3.  Effective date: September 1, 2013.