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A BILL TO BE ENTITLED
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AN ACT
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relating to the separation of services provided by an emergency |
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services district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 775, Health and Safety |
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Code, is amended by adding Sections 775.0206 and 775.0207 to read as |
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follows: |
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Sec. 775.0206. SEPARATION OF DISTRICT SERVICES. (a) A |
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district created to perform both fire prevention and emergency |
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medical services may separate into two completely overlapping |
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districts as provided by this section. Before separation, the |
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board of the original district must: |
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(1) determine that separation would allow the |
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resulting districts to provide services more economically and |
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efficiently; and |
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(2) adopt an order of separation that includes: |
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(A) the names of the two resulting districts; |
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(B) the services to be provided by each district; |
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(C) the proposed date on which the original |
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district will cease to provide one service and the newly created |
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district will begin to provide that service; and |
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(D) a statement that the original district will |
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be separated into two completely overlapping districts only if a |
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majority of the residents of the original district approve the |
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separation in an election held for that purpose. |
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(a-1) Subject to Section 4.003, Election Code, the notice of |
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the election to separate district services shall be given in the |
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same manner as the notice of a petition hearing under Section |
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775.015. |
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(b) An election to separate district services shall be held |
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on a uniform election date as described by Section 775.018(e). |
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(c) No public hearing is required prior to ordering an |
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election to separate district services. |
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(d) Commissioners serving on the board of the original |
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district shall serve out their terms according to Section 775.034, |
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775.0341, 775.0345, or 775.035, as applicable. |
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(e) For a newly created district to which Section 775.034 or |
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775.0341 applies, the board of the original district shall appoint |
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the initial board of the newly created district. The appointed |
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commissioners will serve until December 31 of the year the new |
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district is created. The commissioners court shall then appoint |
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commissioners for a full term under Section 775.034 or 775.0341, as |
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applicable. |
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(f) For a newly created district to which Section 775.0345 |
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or 775.035 applies, the board of the original district shall |
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appoint the initial board of the newly created district. The |
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appointed commissioners will serve until the next election date of |
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the commissioners of the original district. The board of the |
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original district shall hold an election for both the board of the |
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original district and the board of the new district on the election |
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date of the original district's commissioners according to the |
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requirements of Section 775.0345 or 775.035, as applicable. The |
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five commissioner positions on each board shall be filled at the |
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election held by the original district. For each board, the three |
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elected commissioners receiving the most votes will serve four-year |
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terms and the two elected commissioners receiving the fewest votes |
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will serve two-year terms. After the initial election, each |
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district shall separately hold an election on the dates and in the |
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manner described by Section 775.0345 or 775.035, as applicable. |
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(g) Within two years after the election held to separate the |
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district under this section, the boards of the two districts may |
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transfer any real or personal property or any indebtedness between |
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the districts to promote the delivery of services provided by each |
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district. |
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(h) If any bonded debt was held by the original district |
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before the election held under this section, the newly created |
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district shall annually pay to the original district an amount |
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equal to one-half of the original district's annual debt |
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obligations. |
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(i) Districts resulting from a separation under this |
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section shall comply with Section 775.020 or 775.0205, as |
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appropriate. |
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Sec. 775.0207. TAXES FOR SEPARATED DISTRICTS. For the first |
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tax year after separation, the effective tax rate and rollback tax |
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rate, as those terms are defined by Section 26.04, Tax Code, of each |
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resulting district shall be calculated based on the most recently |
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adopted tax rate of the original district. For each subsequent tax |
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year, the rates shall be calculated based on the |
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tax rate adopted in |
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the prior year by the board of each district according to the |
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requirements of the Tax Code. |
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SECTION 2. This Act takes effect September 1, 2019. |