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