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A BILL TO BE ENTITLED
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AN ACT
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relating to the annexation by a municipality of territory of an |
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emergency services district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a) and (c), Section 775.022, Health |
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and Safety Code, are amended to read as follows: |
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(a) If a municipality completes all other procedures |
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necessary to annex territory in a district and if the municipality |
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intends to remove the territory from the district and be the sole |
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provider of [provide] emergency services to the territory by the |
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use of municipal personnel or by some method other than by use of |
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the district, the municipality shall send written notice of those |
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facts [that fact] to the board. The municipality must send the |
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notice to the secretary of the board by certified mail, return |
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receipt requested. The territory remains part of the district and |
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does not become part of the municipality until the secretary of the |
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board receives the notice. On receipt of the notice, the board |
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shall immediately change its records to show that the territory has |
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been disannexed from the district and shall cease to provide |
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further services to the residents of that territory. This |
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subsection does not require a municipality to remove from a |
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district territory the municipality has annexed. |
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(c) If a municipality removes [annexes] territory from [in] |
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a district that the municipality has annexed, the municipality |
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shall compensate the district immediately after disannexation of |
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the territory under Subsection (a) in an amount equal to the annexed |
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territory's pro rata share of the district's bonded and other |
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indebtedness as computed according to the formula in Subsection |
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(e). The district shall apply compensation received from a |
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municipality under this subsection exclusively to the payment of |
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the annexed territory's pro rata share of the district's bonded and |
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other indebtedness. |
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SECTION 2. Section 43.056, Local Government Code, is |
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amended by amending Subsection (f) and adding Subsections (p) and |
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(q) to read as follows: |
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(f) A service plan may not: |
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(1) require the creation of another political |
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subdivision; |
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(2) require a landowner in the area to fund the capital |
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improvements necessary to provide municipal services in a manner |
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inconsistent with Chapter 395 unless otherwise agreed to by the |
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landowner; [or] |
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(3) provide services in the area in a manner that would |
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have the effect of reducing by more than a negligible amount the |
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level of fire and police protection and emergency medical services |
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provided within the corporate boundaries of the municipality before |
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annexation; |
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(4) provide services in the area in a manner that would |
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have the effect of reducing by more than a negligible amount the |
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level of fire and police protection and emergency medical services |
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provided within the area before annexation; or |
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(5) cause a reduction in fire and police protection |
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and emergency medical services within the area to be annexed below |
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that of areas within the corporate boundaries of the municipality |
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with similar topography, land use, and population density. |
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(p) This subsection applies only to a municipality in a |
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county with a population of more than one million and less than 1.5 |
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million. For a municipality that has adopted Chapter 143 and |
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directly employs firefighters, a service plan that includes the |
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provision of services to an area that, at the time the service plan |
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is adopted, is located in the territory of an emergency services |
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district: |
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(1) must require the municipality's fire department to |
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provide initial response to the annexed territory that is |
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equivalent to that provided to other areas within the corporate |
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boundaries of the municipality with similar topography, land use, |
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and population density; |
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(2) may not provide for municipal fire services to the |
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annexed area solely or primarily by means of an automatic aid or |
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mutual aid agreement with the affected emergency services district |
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or other third-party provider of services; and |
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(3) may authorize the emergency services district to |
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provide supplemental fire and emergency medical services to the |
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annexed area by means of an automatic aid or mutual aid agreement. |
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(q) This chapter does not affect the obligation of a |
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municipality that has adopted Chapter 143 to provide police, fire, |
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or emergency medical services within the municipality's corporate |
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boundaries by means of personnel classified in accordance with that |
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chapter. |
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SECTION 3. This Act takes effect September 1, 2013. |