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A BILL TO BE ENTITLED
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AN ACT
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relating to conditions imposed on an emergency services district |
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that includes territory in the extraterritorial jurisdiction of |
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certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 775.014(i), Health and Safety Code, is |
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amended to read as follows: |
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(i) If a [A] request [submitted] under this section is |
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submitted to a municipality that has a population of more than one |
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million and the majority of the territory inside the municipality's |
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corporate boundaries is located inside a county with a population |
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of less than 2.1 million, the request [described by Subsection (h)] |
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must include: |
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(1) a copy of the petition submitted under Section |
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775.015; and |
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(2) a sufficient legal description of the portion of |
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the municipality and its extraterritorial jurisdiction that would |
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be included in the district territory. |
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SECTION 2. Section 775.016(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The commissioners court has exclusive jurisdiction to |
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determine each issue relating to the creation of the district[, |
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including any matters negotiated with a consenting municipality |
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under Section 775.014(h),] and may issue incidental orders it |
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considers proper in relation to the issues before the commissioners |
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court. The commissioners court may adjourn the hearing as |
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necessary. |
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SECTION 3. Section 775.017(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) If after the hearing the commissioners court finds that |
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creation of the district is feasible and will promote the public |
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safety, welfare, health, and convenience of persons residing in the |
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proposed district, the commissioners court shall grant the petition |
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and[,] fix the district's boundaries[, and impose any conditions |
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negotiated under Section 775.014(h)]. If the proposed district, |
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according to its boundaries stated in the petition, is located |
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wholly in a county with a population of more than 3.3 million, the |
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commissioners court may amend the petition to change the boundaries |
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of the proposed district if the commissioners court finds the |
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change is necessary or desirable. For the purposes of this |
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provision, the population of the county is determined according to |
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the most recent federal decennial census available at the time the |
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petition is filed. |
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SECTION 4. Section 775.018(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) On the granting of a petition, the commissioners court |
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shall order an election to confirm the district's creation and |
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authorize the imposition of a tax not to exceed the rate allowed by |
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Section 48-e, Article III, Texas Constitution. [Any conditions |
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negotiated under Section 775.014(h) must be included on the |
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ballot.] |
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SECTION 5. Section 775.019(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A district may not include territory in a municipality's |
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limits or extraterritorial jurisdiction unless a majority of the |
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voters residing in that territory who vote at the election vote in |
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favor of creating the district [subject to any conditions |
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negotiated under Section 775.014(h)] and imposing a tax. The |
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exclusion of that territory does not affect the creation of a |
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district that includes the remainder of the proposed territory if |
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the commissioners court's findings under Section 775.017 are |
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favorable to the district's creation. |
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SECTION 6. Section 775.022(g), Health and Safety Code, is |
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amended to read as follows: |
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(g) The amount of compensation under Subsection (c) shall be |
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determined under Subsection (e) regardless of whether Subsection |
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(e-1) would yield a greater amount if: |
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(1) the municipality has a population of more than one |
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million and the majority of the territory inside the municipality's |
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corporate boundaries is located inside a county with a population |
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of less than 2.1 million [is a municipality described by Section |
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775.014(h)]; and |
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(2) the municipality and the district enter into an |
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agreement on or before September 1, 2019, regarding the district's |
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bonded and other indebtedness. |
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SECTION 7. The following sections of the Health and Safety |
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Code are repealed: |
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(1) Section 775.014(h); |
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(2) Section 775.019(f); and |
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(3) Section 775.031(e). |
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SECTION 8. Any conditions that were negotiated by the |
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governing body of a municipality and the commissioners court of a |
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county under Section 775.014(h), Health and Safety Code, as that |
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section existed immediately before the effective date of this Act, |
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are terminated and have no effect. |
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SECTION 9. The changes in law made by this Act do not affect |
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the validity or enforceability of a contract that was entered into |
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by the board of emergency services commissioners of an emergency |
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services district before the effective date of this Act. |
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SECTION 10. This Act takes effect September 1, 2023. |
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