82R7804 JXC-D
By: Garza H.B. No. 1718
A BILL TO BE ENTITLED
AN ACT
relating to consolidation of emergency services districts in
certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 775, Health and Safety Code, is amended
by adding Subchapter L to read as follows:
SUBCHAPTER L. CONSOLIDATION OF EMERGENCY SERVICES DISTRICTS
IN CERTAIN COUNTIES
Sec. 775.351. APPLICABILITY. This subchapter applies only
to a county:
(1) with a population of more than 1.5 million; and
(2) that has in its boundaries 11 emergency services
districts on January 1, 2011.
Sec. 775.352. CONSOLIDATION OF EMERGENCY SERVICES
DISTRICTS. (a) All districts located wholly in a county to which
this subchapter applies shall consolidate into a single district
according to this subchapter.
(b) The boards of the districts shall adopt a joint order of
consolidation that includes:
(1) the name and territory of the consolidated
district; and
(2) the proposed date on which the former districts
dissolve and the consolidated district is created and will start
offering services, which may not be before the date the
commissioners court declares the results of the election held under
Section 775.353.
Sec. 775.353. ELECTION OF INITIAL BOARD. (a) Before the
former districts consolidate, the commissioners court shall order
an election to elect seven initial emergency services commissioners
at the next available uniform election date that allows sufficient
time to comply with other requirements of law.
(b) The commissioners court, at the time it orders the
election, shall order creation of seven election precincts in the
district and shall designate polling places in each precinct.
(c) One emergency services commissioner is elected from
each election precinct by the voters of that precinct.
(d) Except as provided by Subsection (e), emergency
services commissioners serve staggered two-year terms.
(e) The initial emergency services commissioners shall
stagger their terms, with a majority of the commissioners serving
two years, and a minority of commissioners serving one year. If the
initial commissioners cannot agree on the staggering, the
commissioners shall draw lots to determine the commissioners who
serve one-year terms.
Sec. 775.354. CONVERSION OF APPOINTED BOARD TO ELECTED
BOARD. An emergency services commissioner serving on the board of a
district in a county to which this subchapter applies immediately
before the date the joint order is adopted continues to carry out
the board's functions until the new commissioners for the
consolidated district are elected and qualified and the
consolidated district is created.
Sec. 775.355. ELECTION OF BOARD. (a) The governing body of
a consolidated district created under this subchapter consists of a
seven-person board of emergency services commissioners elected as
prescribed by this section. Except as provided by Section 775.353,
an emergency services commissioner serves a two-year term.
(b) The election precincts created under Section 775.353
shall remain the election precincts of the district until changed
by an order of its board. One commissioner is elected from each
election precinct by the voters of the precinct.
(c) The general election for commissioners shall be held
annually on a uniform election date provided by Chapter 41,
Election Code.
Sec. 775.356. TAXES FOR CONSOLIDATED DISTRICT. (a) The
boards that adopt a joint order under Section 775.352 jointly shall
set a maximum tax rate throughout the consolidated district at a
rate that does not exceed the lowest maximum tax rate authorized for
any of the former districts.
(b) The board of the consolidated district may order an
election under Section 775.0745 or 775.0752, as appropriate, to
authorize the imposition of taxes throughout the consolidated
district at a rate that exceeds the lowest maximum tax rate
authorized for any of the former districts but does not exceed the
maximum tax rate authorized by this chapter. If the board conducts
an election under Section 775.0752, Section 775.0753 governs the
effective date of the resulting tax rate.
Sec. 775.357. EFFECT OF CONSOLIDATION. The consolidated
district assumes all powers, rights, duties, assets, and
liabilities of the former districts without a change in
status. The consolidation does not diminish or impair the rights
of the holders of any outstanding and unpaid bonds, warrants, or
other obligations of the district.
SECTION 2. In a county to which Subchapter L, Chapter 755,
Health and Safety Code, as added by this Act, applies on the
effective date of this Act:
(1) the consolidation required by Section 775.352,
Health and Safety Code, as added by this Act, must take place as
soon as practicable after the date of an election held under Section
775.353(a), Health and Safety Code, as added by this Act, and not
later than August 31, 2013; and
(2) the resulting consolidated district must be
created and start offering services not later than September 1,
2013.
SECTION 3. 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.