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A BILL TO BE ENTITLED
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AN ACT
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relating to territory in an emergency services district that is |
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annexed by a municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 775.022, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) If a municipality completes all other procedures |
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necessary to annex territory in a district, including the |
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preparation of a service plan if required by Section 43.056, Local |
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Government Code, [and if] the municipality intends to remove the |
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territory from the district, and the municipality is capable at the |
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time of the removal of being [be] the sole provider of emergency |
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services to the territory by the use of municipal personnel or by |
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some method other than by use of the district, the municipality |
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shall send written notice of those facts, and the completed service |
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plan, if applicable, to the board not later than the 30th day after |
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completing the necessary procedures. The municipality must send |
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the notice to the secretary of the board by certified mail, return |
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receipt requested. The territory remains part of the district and |
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does not become part of the municipality until the secretary of the |
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board receives the notice and the board by resolution disannexes |
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the territory from the district. If the board determines that the |
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municipal services planned to be provided in the territory will not |
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meet or exceed the level of service provided by the district in the |
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territory, the board shall adopt that determination in a resolution |
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and may not by resolution disannex the territory from the district. |
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If the board determines that municipal services planned to be |
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provided in the territory will meet or exceed the level of service |
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provided by the district in the territory at the time of |
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disannexation [On receipt of the notice], the board shall by |
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resolution disannex the territory from the district, notify the |
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appraisal district to [immediately] change its records to show that |
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the territory has been disannexed from the district, and [shall] |
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cease to provide further services to the residents of that |
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territory. This subsection does not require a municipality to |
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remove from a district territory the municipality has annexed. For |
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the purposes of this subsection, "level of service" for fire and |
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emergency medical protection means the location, deployment, and |
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response time of fire suppression or medical resources originally |
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dispatched to a structural or wildland fire or emergency medical |
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incident. |
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(a-1) A board is considered to have approved a disannexation |
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of territory under Subsection (a) if the board fails to provide to |
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the municipality a resolution disapproving or approving the |
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disannexation before the 30th day after the date the board receives |
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the notice under Subsection (a) from the municipality. |
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SECTION 2. This Act takes effect September 1, 2025. |