By: Orr, Kleinschmidt, et al. H.B. No. 1619
(Senate Sponsor - Patrick)
(In the Senate - Received from the House May 6, 2011;
May 9, 2011, read first time and referred to Committee on
Intergovernmental Relations; May 20, 2011, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 5,
Nays 0; May 20, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1619 By: Wentworth
A BILL TO BE ENTITLED
AN ACT
relating to emergency service districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 775.018, Health and Safety Code, is
amended by adding Subsections (f) and (g) to read as follows:
(f) If the territory of a district proposed under this
chapter overlaps with the boundaries of another district created
under this chapter, the commissioners court of each county in which
the proposed district is located shall send to the board of the
existing district a copy of the petition for creation of the
proposed district. This subsection does not apply to a proposed
district located wholly in a county with a population of more than
three million.
(g) The board of the existing district shall adopt a
statement before the date of the election required by this section
that specifies the types of emergency services the existing
district will provide or continue to provide in the overlapping
territory if the proposed district is created. This subsection
does not apply to a proposed district located wholly in a county
with a population of more than three million.
SECTION 2. Section 775.0205, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (d-1),
(d-2), and (d-3) 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 described in the
statement required by Section 775.018(g) [provided by the other
district at the time the overlapping district was created].
(d-1) The legislature finds that the performance of
non-duplicative emergency services in the overlapping territory of
emergency service districts is complementary to and not in conflict
with the powers and duties of the respective districts.
(d-2) A person may serve as an emergency services
commissioner of a district created under this chapter at the same
time that the person serves as an emergency services commissioner
of another district with overlapping territory created under this
chapter.
(d-3) A person serving as a commissioner of more than one
district under this section:
(1) may receive compensation for serving on only one
board; and
(2) is entitled to reimbursement for reasonable and
necessary expenses incurred in performing official duties for both
boards.
SECTION 3. Section 775.024, Health and Safety Code, is
amended to read as follows:
Sec. 775.024. CONSOLIDATION [MERGER] OF EMERGENCY SERVICES
DISTRICTS. (a) Two or more emergency services districts may
consolidate [merge] into a single emergency services district as
provided by this section. Before consolidating, [if:
[(1)] the board of each district must:
(1) determine that consolidation would allow the
districts to provide services more economically and efficiently [of
the districts votes in favor of the merger]; and
(2) adopt a joint order of consolidation that
includes:
(A) the name and proposed territory of the
consolidated district;
(B) the proposed date on which the existing
districts dissolve and the consolidated district is created and
will start offering services;
(C) if the maximum ad valorem tax rates in the
districts are different, a statement that the districts will
consolidate only if voters approve an equalized ad valorem tax rate
at the election required by Section 775.0241; and
(D) a statement that the district will be
consolidated only if the residents of the district and the
residents of at least one other district approve the consolidation
[the residents of each district approve the merger] in an election
held for that purpose.
(b) The boards shall agree on a name for the proposed
consolidated [merged] district and choose five commissioners from
among the membership of the boards to serve on the initial board for
the proposed district. The boards shall agree to stagger the terms
appropriately.
(c) If the boards do not make the appointments before the
31st day after the date the boards adopted the joint order:
(1) for a consolidated district to which Section
775.0345 or 775.035 does not apply, the commissioners court shall
appoint five commissioners to the board of the consolidated
district; or
(2) for a consolidated district to which Section
775.0345 or 775.035 does apply, the board of the consolidated
district is initially composed of the two commissioners from each
existing board who have served the longest terms.
(c-1) The number of initial emergency services
commissioners on a board described by Subsection (c)(2) is not
required to be five.
(d) The ballot for the election to approve a consolidation
[merger] shall be printed to permit voting for or against the
proposition: "The consolidation [merger] of the _________ (insert
district names) to create the _______________ (insert name of
proposed district), which assumes all outstanding debts of the
existing [merged] districts." The ballot shall include a
proposition for an election required under Section 775.0241, if
applicable.
(e) [(d)] If a majority of the voters voting in at least two
of the districts proposed to be consolidated [each district] favor
the consolidation [merger], the consolidated [merged] district is
created and is composed of the districts that favored the
consolidation. If less than a majority of the voters voting in any
of the districts are in favor of the consolidation [merger], that
district is not part of any consolidated district [the vote fails
and the districts are not merged].
(f) The consolidated district is created on the latest of:
(1) the date stated in the joint order;
(2) the date the consolidation is approved in an
election described by Subsection (d); or
(3) the date the maximum ad valorem tax rate the
consolidated district may impose under Section 775.0241 is
established, if necessary.
(g) [(e) The maximum tax rate that may be imposed by the
merged district may not exceed the maximum tax rate authorized for
any of the previous districts.
[(f)] The consolidated [merged] district assumes all
powers, rights, duties, assets, and liabilities of the former
districts without a change in status. The consolidation [merger]
does not diminish or impair the rights of the holders of any
outstanding and unpaid bonds, warrants, or obligations of the
district.
(h) For a consolidated district to which Section 775.0345 or
775.035 applies, the initial commissioners of the consolidated
district serve until the next available uniform election date after
the date the joint order is adopted and that allows sufficient time
to comply with other requirements of law. After an election is held
under Section 775.0345 or 775.035:
(1) the two commissioners who receive the fewest votes
of the elected commissioners serve terms ending on December 31 of
the second year following the year in which the election is held;
and
(2) the remaining elected commissioners serve terms
ending on December 31 of the fourth year following the year in which
the election is held.
SECTION 4. Subchapter B, Chapter 775, Health and Safety
Code, is amended by adding Section 775.0241 to read as follows:
Sec. 775.0241. TAXES FOR CONSOLIDATED DISTRICT. (a) If two
districts that want to consolidate under Section 775.024 have
different maximum ad valorem tax rates, the board of the district
with the lower maximum ad valorem tax rate shall order an election
in its district under Section 775.0745 to authorize the imposition
of taxes in the territory of that district at a maximum rate that
equals the maximum rate authorized in the district with the higher
maximum rate.
(b) If a majority of the voters do not favor the increase in
the maximum ad valorem tax rate under Subsection (a), the districts
may not proceed with the consolidation.
(c) If the districts have different sales and use tax rates,
the board of the consolidated district shall:
(1) designate the territory of the former districts as
subdistricts;
(2) continue to impose the sales and use tax in each
subdistrict at the rate the tax was imposed by the former district;
and
(3) send to the comptroller by registered or certified
mail:
(A) a copy of the joint order described by
Section 775.024(a)(2); and
(B) a map of the consolidated district that
clearly shows the territory of each subdistrict.
(d) Subsection (c) does not limit the authority of the board
of the consolidated district to order an election under Section
775.0752 in a subdistrict or in the entire district.
SECTION 5. Subchapter C, Chapter 775, Health and Safety
Code, is amended by adding Section 775.0362 to read as follows:
Sec. 775.0362. LIMIT ON REGULATION OF FIREWORKS. (a) Except
as provided by Subsection (b), the board may not regulate the sale,
use, or transportation of fireworks.
(b) The board may adopt a rule relating to fireworks that is
the same as or less stringent than a rule adopted or enforced by the
commissioner of insurance and the state fire marshal under Chapter
2154, Occupations Code, relating to retail fireworks stands,
fireworks bulk manufacturing and storage facilities, fireworks
sales buildings, or any other structure used in public pyrotechnic
displays to which the rules adopted under Chapter 2154, Occupations
Code, apply.
SECTION 6. Subchapter C, Chapter 775, Health and Safety
Code, is amended by adding Sections 775.0365 and 775.0366 to read as
follows:
Sec. 775.0365. BOARD TRAINING. (a) An emergency services
commissioner shall complete at least six hours of continuing
education relating to the performance of the duties of an emergency
services commissioner at least once in a two-year period.
(b) Continuing education instruction required by Subsection
(a) must be certified by an institution of higher education as
defined by Section 61.003, Education Code.
(c) For purposes of Subsection (a), an emergency services
commissioner may carry forward from one two-year period to the next
two-year period not more than three continuing education hours that
the commissioner completes in excess of the required six hours.
(d) For purposes of removal under Section 775.0422 or
775.0423, "incompetency" includes the failure of an emergency
services commissioner to comply with Subsection (a).
Sec. 775.0366. SERVICE CONTRACTS. (a) In this section,
"local government" has the meaning assigned by Section 791.003,
Government Code.
(b) The board may contract with a local government,
including another district, to provide staff, facilities,
equipment, programs, or services the board considers necessary to
provide or obtain emergency services that the district or the local
government is authorized to provide.
(c) A person acting under a contract under this section,
including an emergency services commissioner, does not, because of
that action, hold more than one civil office of emolument or more
than one office of honor, trust, or profit.
(d) Except as provided by Subsection (e), if a district
contracts with a local government under this section to provide or
obtain emergency services, the district is responsible for any
civil liability that arises from furnishing those services if the
district would have been responsible for furnishing the services in
the absence of the contract.
(e) The parties to a contract between governmental entities
under this section may agree to assign responsibility for civil
liability that arises from services provided under the contract in
any manner agreed to by the parties. The parties must assign that
responsibility in a written provision of the contract that
specifically refers to this subsection and states that the
assignment of liability is intended to be different from liability
otherwise assigned under Subsection (d).
(f) This section does not change the liability limits and
immunities for a governmental unit under Chapter 101, Civil
Practice and Remedies Code, or other law.
(g) A contract under this section is not a joint enterprise
for liability purposes.
SECTION 7. The heading to Section 775.0422, Health and
Safety Code, is amended to read as follows:
Sec. 775.0422. REMOVAL OF APPOINTED BOARD MEMBER BY
COMMISSIONERS COURT [FOR FAILURE TO GIVE REPORT].
SECTION 8. Section 775.0422, Health and Safety Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsections (a-1) and (b-1) to read as follows:
(a) This section does not apply to a district unless the
commissioners court of the county in which the district is located
adopts this section by resolution.
(a-1) This section applies only to an appointed board
member. This section does not apply to a board member who:
(1) is elected; or
(2) is appointed to fill a vacancy in an elected board
member position.
(b) The commissioners court of the county in which a
district is located, by an order adopted by a majority vote after a
hearing, may remove a [one or more] board member for:
(1) incompetency, as defined by Section 87.011, Local
Government Code;
(2) official misconduct, as defined by Section 87.011,
Local Government Code; or
(3) misconduct, as defined by Section 178.001, Local
Government Code [members if the board failed to give the report
required by Section 775.036(a)(4) to the commissioners court before
the 91st day after the date on which the report was due under that
section].
(b-1) Section 551.0745, Government Code, applies to a
deliberation regarding a removal of a board member in the same
manner as that section applies to a deliberation regarding a
dismissal of a member of an advisory body.
(c) Not later than [Before] the 30th [60th] day before
[after] the date on which the hearing is held, a [report was due,
each] commissioners court seeking removal under this section must:
(1) notify the board members that it is considering
that action; and
(2) provide the board member with an opportunity to
show cause why the board member should not be removed.
SECTION 9. Subchapter C, Chapter 775, Health and Safety
Code, is amended by adding Section 775.0423 to read as follows:
Sec. 775.0423. REMOVAL OF ELECTED BOARD MEMBER. (a) This
section applies only to a board member who:
(1) is elected; or
(2) is appointed to fill a vacancy in an elected board
member position.
(b) A board member may be removed using the procedures
provided by Chapter 87, Local Government Code, for:
(1) incompetency, as defined by Section 87.011, Local
Government Code;
(2) official misconduct, as defined by Section 87.011,
Local Government Code;
(3) intoxication, as described by Section 87.013,
Local Government Code; or
(4) misconduct, as defined by Section 178.001, Local
Government Code.
(c) The validity of a board action is not affected because
it is taken when a ground for removal of a board member exists.
SECTION 10. 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 11. Section 775.074, Health and Safety Code, is
amended by adding Subsection (d-1) to read as follows:
(d-1) The board may not set the tax rate for a fiscal year
before the date the board adopts a budget for that fiscal year.
SECTION 12. Section 775.082, Health and Safety Code, is
amended by adding Subsection (e-1) to read as follows:
(e-1) When a district located wholly in one county fails to
complete and file the audit report by September 1 of each year and a
county auditor is not ordered to prepare the report, the president
and treasurer of the board are removed from the board and the
commissioners court shall fill the vacancies as provided by Section
775.034.
SECTION 13. Section 775.085, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) Section 775.077 does not apply to a loan secured under
this section, including a loan made before the effective date of
this subsection.
SECTION 14. 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 15. 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 16. Chapter 776, Health and Safety Code, is
repealed.
SECTION 17. (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) An emergency commissioner of a district created under
Chapter 776, Health and Safety Code, is an emergency services
commissioner of the converted district under Chapter 775, Health
and Safety Code, and shall serve on the board of the converted
district as an emergency services commissioner until the term for
which the commissioner was appointed or elected expires.
SECTION 18. 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.
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