82R3618 JXC-F
By: Miller of Comal H.B. No. 1030
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of certain emergency services
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 775.0205(a), Health and Safety Code, is
amended to read as follows:
(a) If the territory in a district created under this
chapter overlaps with the boundaries of another district created
under this chapter [or a district created under Chapter 776], the
most recently created district may not provide services in the
overlapping territory that duplicate the services provided by the
other district at the time the overlapping district was created.
SECTION 2. Section 775.056(a), Health and Safety Code, is
amended to read as follows:
(a) After a hearing, a district may make mutually agreeable
changes in boundaries with another district, [or a district created
under Chapter 776,] provided that the maximum tax rate authorized
for such a district does not exceed the maximum tax rate previously
authorized for any territory added to that district. The districts
shall agree on an effective date for the changes in boundaries.
SECTION 3. Section 344.051(c), Local Government Code, is
amended to read as follows:
(c) Except as provided by Subsection (f), a district may be
created inside the boundaries of an emergency services district
operating under Chapter 775 [or 776], Health and Safety Code, only
if the governing body of the emergency services district gives its
written consent by order or resolution not later than the 60th day
after the date the governing body receives a request for its
consent.
SECTION 4. Section 323.101(f), Tax Code, is amended to read
as follows:
(f) The provisions of this chapter govern the application,
collection, and administration of a sales and use tax imposed under
Chapter 285 or [,] 775, [or 776,] Health and Safety Code, to the
extent not inconsistent with the provisions of those chapters.
Provided, however, that Subsection (b) shall not apply to a tax
authorized under those chapters.
SECTION 5. Chapter 776, Health and Safety Code, is
repealed.
SECTION 6. (a) On the effective date of this Act, a district
created under Chapter 776, Health and Safety Code, is converted
into a district operated under Chapter 775, Health and Safety Code.
A district converted under this section continues in existence and
is subject to Chapter 775, Health and Safety Code.
(b) On and after the effective date of this Act, each person
serving as an emergency commissioner of a district created under
Chapter 776, Health and Safety Code, is an emergency services
commissioner and shall serve on the board of the district as an
emergency services commissioner for the remainder of the unexpired
term to which the person was elected.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.