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A BILL TO BE ENTITLED
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AN ACT
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relating to the division of certain emergency services districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 775.221, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 775.221. AUTHORITY TO DIVIDE DISTRICT. (a) This |
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subchapter applies only to a district located wholly in: |
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(1) a county with a population of 20,000 or less; or |
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(2) a county with a population of more than 30,000 but |
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less than 41,000 that is adjacent to a county with a population of |
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more than 200,000 but less than 220,000. |
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(b) The board of a district described by Subsection (a) |
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[located wholly in one county with a population of 20,000 or less] |
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may create one or more [a] new districts [district] by disannexing |
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territory from the existing district and ordering one or more [a] |
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new districts [district] to be created in the disannexed territory |
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in the manner provided by this subchapter. |
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SECTION 2. Sections 775.222(a), (b), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(a) Before the existing district may be divided, the |
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district's board must receive a petition for division signed by at |
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least 10 [seven] percent of the district's qualified voters or at |
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least 500 [100] of the district's qualified voters, whichever is |
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the lesser number. |
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(b) A petition for division must include: |
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(1) the name of each [the] new district to be created; |
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and |
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(2) a description of the territory proposed to be each |
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[the] new district's territory. |
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(d) The board shall issue a notice of the hearing that |
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includes: |
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(1) the name of each [the] proposed district; |
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(2) a description of each [the] proposed district's |
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boundaries; and |
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(3) the place, date, and time of the hearing on the |
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petition. |
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SECTION 3. Section 775.223(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The [If the board finds that the petition contains the
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number of signatures required under Section 775.222(a), the] board |
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shall approve the petition not later than the 10th day after the |
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date of the hearing if the board finds that: |
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(1) the petition contains the number of signatures |
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required under Section 775.222(a); and |
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(2) the proposed division is feasible. |
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SECTION 4. Sections 775.225(a) and (g), Health and Safety |
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Code, are amended to read as follows: |
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(a) On granting a petition to divide the district, the board |
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shall order an election to be held in the territory of each [the] |
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proposed new district to confirm the division of the existing |
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district. |
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(g) The existing district and each [the] new district [each] |
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shall pay a pro rata share of the cost of an election held under this |
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section, based on the assessed value of real property in each |
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district subject to ad valorem taxation. |
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SECTION 5. Section 775.226, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 775.226. DIVISION ORDER. A board order to divide a |
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district must: |
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(1) disannex the land of each [the] new district from |
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the existing district contingent on the approval of the creation of |
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the new district at the election held under this subchapter; |
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(2) create each [the] new district in accordance with |
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this chapter; |
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(3) name each [the] new district; and |
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(4) include the metes and bounds description of the |
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territory of each [the] new district and the existing district |
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after disannexation. |
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SECTION 6. Section 775.227(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) If a [the] new district is located wholly in one county, |
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the commissioners court shall appoint a board in the manner |
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described by Section 775.034 not later than the 14th day after the |
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date of the board order dividing the district. |
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SECTION 7. Section 775.229, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 775.229. FURTHER DIVISION [PROHIBITED]. The [Once a
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district has been divided under this subchapter, neither the] |
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existing district and each [nor the] new district may be further |
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divided under this subchapter if at least two years have elapsed |
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since the most recent division of the district. |
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SECTION 8. The changes in law made by this Act apply only to |
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the division of an emergency services district the petition for |
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which is submitted on or after the effective date of this Act. The |
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division of an emergency services district the petition for which |
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is submitted before the effective date of this Act is governed by |
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the law in effect on the date the petition is submitted, and the |
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former law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2015. |