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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation 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. Subchapter B, Chapter 775, Health and Safety |
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Code, is amended by adding Section 775.0206 to read as follows: |
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Sec. 775.0206. SEPARATION OF DISTRICT SERVICES; |
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ALTERNATIVE CREATION PROCEDURE. (a) This section applies only to |
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a district located in a county with a population of more than 3.3 |
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million. |
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(b) Notwithstanding the procedures required by this |
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subchapter, the board of a district may create another district |
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under this section if: |
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(1) the board determines that the creation would |
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enable the services currently provided by the creating district to |
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be provided in a more economical and efficient manner by the |
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creating district and the other district; and |
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(2) the boundaries of the other district are identical |
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to the boundaries of the creating district. |
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(c) To create the other district, the board of the creating |
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district must adopt an order creating the other district that: |
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(1) names the other district and, if considered |
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reasonable by the board of the creating district, renames the |
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creating district; and |
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(2) describes the services to be provided by the |
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creating district and the other district, including: |
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(A) a statement that specifies the services each |
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district will provide; and |
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(B) the proposed date on which the creating |
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district will cease to provide a service and the other district will |
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begin to provide that service. |
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(d) The order may not provide for the creating district and |
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the other district to provide the same service. |
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(e) The board of the creating district must hold an election |
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under Section 775.018 to confirm the other district's creation and |
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authorize the imposition of a tax by the other district. The |
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creation of the other district is confirmed only if a majority of |
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voters voting in the election approve the creation of the other |
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district and the imposition of the tax by the other district. |
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(f) 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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(g) An election to create a district under this section must |
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be held on a uniform election date as described by Section |
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775.018(e). |
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(h) Except as provided by Subsection (i), the board of the |
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creating district shall appoint the initial board of the other |
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district. The appointed commissioners serve until December 31 of |
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the year the other district is created. On the expiration of the |
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terms of the initial commissioners, the commissioners court or |
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commissioners courts shall appoint commissioners for a full term |
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under Section 775.034 or 775.0341, as applicable. |
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(i) If Section 775.0345 or 775.035 applies to a district |
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created under this section, the board of the creating district |
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shall appoint the initial board of the other district. The |
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appointed commissioners serve until the next election date of the |
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commissioners of the creating district. The board of the creating |
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district shall hold an election for both the board of the creating |
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district and the board of the other district under Section 775.0345 |
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or 775.035, as applicable. The five commissioner positions on each |
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board shall be filled at the election held by the creating district. |
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For each board, the three elected commissioners receiving the most |
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votes serve four-year terms and the two remaining elected |
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commissioners serve two-year terms. After the initial election, |
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each district shall hold separately an election on the dates and in |
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the manner described by Section 775.0345 or 775.035, as applicable. |
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(j) To promote the economical and efficient delivery of |
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services provided by a creating district and a district created |
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under this section, the creating district may convey assets and |
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transfer indebtedness, other than bonded indebtedness, to the other |
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district. |
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(k) If a creating district has bonded indebtedness at the |
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time the district's board creates a district under this section, a |
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district created under this section shall pay to the creating |
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district annually an amount equal to one-half of the amount |
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required to service the bonded indebtedness in that year. |
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(l) Overlapping districts resulting from the creation of a |
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district under this section shall comply with Section 775.020 or |
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775.0205, as applicable. |
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SECTION 2. This Act takes effect September 1, 2019. |