By: Campbell S.B. No. 2370

A BILL TO BE ENTITLED

AN ACT

Relating to the provision of emergency services in Comal County Water Improvement District No. 3

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle F, title 5 Special District Local Laws Code, Chapter 8489 is amended to add the following:

Sec. 8489.111. EMERGENCY SERVICES DISTRICT DIVISION. (a) If the district is located in an emergency services district, all or part of the district may be divided out into a new emergency services district by petition to the county judge of at least sixty percent of the district's qualified voters.

(b) A petition for division must include:

(1) the name of the new emergency services district to be created, with the name of the county and the proper consecutive number inserted; and

(2) a description of the territory proposed to be in the new emergency services district's territory.

(c) The petition may include an agreement with a neighboring municipality to provide fire and emergency medical services through the new emergency services district.Such agreement shall be evidence that the division is feasible as required under Section 8489.111(g)(2)(B).

(d) No later than 30 days from receipt of the petition, commissioners court shall set a place, date, and time for a hearing to consider the petition.

(e) The commissioners court shall issue a notice of the hearing that includes:

(1) the name of the proposed district;

(2) a description of the proposed district's boundaries; and

(3) the place, date, and time of the hearing on the petition.

(f) The county shall publish the notice in a newspaper of general circulation in the district once a week for two consecutive weeks. The first publication must occur not later than the 21st day before the date on which the hearing will be held.

(g) At a hearing on the petition for the division of the existing emergency services district, the commissioners court shall consider the petition.

(1) Any interested person may appear before the county to support or oppose the division.

(2) The commissioners court shall approve the petition no later than the 10th day after the date of the hearing if the commissioners finds that:

(A) The petition contains the number of signatures required under Section 8489.111(a); and

(B) The proposed division is feasible.

(h) On granting a petition to divide the emergency services district, the commissioners court shall order an election to be held in the territory of the proposed new emergency services district to confirm the division of the existing emergency services district and authorize the imposition of a tax not exceed the rate allowed by Section 48-e, Article III, Texas Constitution.

(1) Notice of the election shall be given in same matter as the notice of hearing under Section 8489.111(f).

(2) The election shall be held on the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with the requirements of law.

(3) The ballot shall be printed to provide for voting for or against the proposition: "Dividing the Comal County Emergency District No. to create a new emergency services district" and authorizing the imposition of a tax which shall not exceed the tax rate of the existing emergency services district.

(4) If a majority of voters voting at the election vote to divide the existing emergency services district, the emergency services district shall be divided by order of the county and the territory of the new emergency services district shall be immediately disannexed by the existing emergency services district. The order to divide the district must:

(A) create the new emergency services district in accordance with Chapter 775, Texas Government Code;

(B) name the new district in accordance with the petition;

(C) include the metes and bounds description of the territory of the new emergency services district; and

(D) appoint the board of the new emergency services district in the manner described in Section 775.034, Texas Government Code.

(5) The new emergency services district each shall reimburse the county for the cost of an election held under this section.

(i) The board of the new emergency services district shall govern the territory of the existing district after disannexation.

(j) The disannexation of territory from an emergency services district under this section does no diminish or impair the rights of holders of any outstanding and unpaid bonds of that district.

(1) Upon the earlier of receipt of the petition or publication of notice of the petition and until the date of the election and, if the proposition passes, the disannexation of territory, the existing emergency services district shall not pledge ad valorem tax or sales and use tax of the territory of the proposed new emergency services district for any obligation.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the necessary vote for immediate effect, this Act takes effect September 1, 2023.