Texas 2011 - 82nd Regular

Texas Senate Bill SB917 Compare Versions

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1	1	By: Wentworth S.B. No. 917
2	2	(Miller of Comal)
3	3	Substitute the following for S.B. No. 917: No.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to emergency service districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 775.018, Health and Safety Code, is
11	11	amended by adding Subsections (f) and (g) to read as follows:
12	12	(f) If the territory of a district proposed under this
13	13	chapter overlaps with the boundaries of another district created
14	14	under this chapter, the commissioners court of each county in which
15	15	the proposed district is located shall send to the board of the
16	16	existing district a copy of the petition for creation of the
17	17	proposed district. This subsection does not apply to a proposed
18	18	district located wholly in a county with a population of more than
19	19	three million.
20	20	(g) The board of the existing district shall adopt a
21	21	statement before the date of the election required by this section
22	22	that specifies the types of emergency services the existing
23	23	district will provide or continue to provide in the overlapping
24	24	territory if the proposed district is created. This subsection
25	25	does not apply to a proposed district located wholly in a county
26	26	with a population of more than three million.
27	27	SECTION 2. Section 775.0205, Health and Safety Code, is
28	28	amended by amending Subsection (a) and adding Subsections (d-1),
29	29	(d-2), and (d-3) to read as follows:
30	30	(a) If the territory in a district created under this
31	31	chapter overlaps with the boundaries of another district created
32	32	under this chapter [or a district created under Chapter 776], the
33	33	most recently created district may not provide services in the
34	34	overlapping territory that duplicate the services described in the
35	35	statement required by Section 775.018(g) [provided by the other
36	36	district at the time the overlapping district was created].
37	37	(d-1) The legislature finds that the performance of
38	38	non-duplicative emergency services in the overlapping territory of
39	39	emergency service districts is complementary to and not in conflict
40	40	with the powers and duties of the respective districts.
41	41	(d-2) A person may serve as an emergency services
42	42	commissioner of a district created under this chapter at the same
43	43	time that the person serves as an emergency services commissioner
44	44	of another district with overlapping territory created under this
45	45	chapter.
46	46	(d-3) A person serving as a commissioner of more than one
47	47	district under this section:
48	48	(1) may receive compensation for serving on only one
49	49	board; and
50	50	(2) is entitled to reimbursement for reasonable and
51	51	necessary expenses incurred in performing official duties for both
52	52	boards.
53	53	SECTION 3. Section 775.024, Health and Safety Code, is
54	54	amended to read as follows:
55	55	Sec. 775.024. CONSOLIDATION [MERGER] OF EMERGENCY SERVICES
56	56	DISTRICTS. (a) Two or more emergency services districts may
57	57	consolidate [merge] into a single emergency services district as
58	58	provided by this section. Before consolidating, [if:
59	59	[(1)] the board of each district must:
60	60	(1) determine that consolidation would allow the
61	61	districts to provide services more economically and efficiently [of
62	62	the districts votes in favor of the merger]; and
63	63	(2) adopt a joint order of consolidation that
64	64	includes:
65	65	(A) the name and proposed territory of the
66	66	consolidated district;
67	67	(B) the proposed date on which the existing
68	68	districts dissolve and the consolidated district is created and
69	69	will start offering services;
70	70	(C) if the maximum ad valorem tax rates in the
71	71	districts are different, a statement that the districts will
72	72	consolidate only if voters approve an equalized ad valorem tax rate
73	73	at the election required by Section 775.0241; and
74	74	(D) a statement that the district will be
75	75	consolidated only if the residents of the district and the
76	76	residents of at least one other district approve the consolidation
77	77	[the residents of each district approve the merger] in an election
78	78	held for that purpose.
79	79	(b) The boards shall agree on a name for the proposed
80	80	consolidated [merged] district and choose five commissioners from
81	81	among the membership of the boards to serve on the initial board for
82	82	the proposed district. The boards shall agree to stagger the terms
83	83	appropriately.
84	84	(c) If the boards do not make the appointments before the
85	85	31st day after the date the boards adopted the joint order:
86	86	(1) for a consolidated district to which Section
87	87	775.0345 or 775.035 does not apply, the commissioners court shall
88	88	appoint five commissioners to the board of the consolidated
89	89	district; or
90	90	(2) for a consolidated district to which Section
91	91	775.0345 or 775.035 does apply, the board of the consolidated
92	92	district is initially composed of the two commissioners from each
93	93	existing board who have served the longest terms.
94	94	(c-1) The number of initial emergency services
95	95	commissioners on a board described by Subsection (c)(2) is not
96	96	required to be five.
97	97	(d) The ballot for the election to approve a consolidation
98	98	[merger] shall be printed to permit voting for or against the
99	99	proposition: "The consolidation [merger] of the _________ (insert
100	100	district names) to create the _______________ (insert name of
101	101	proposed district), which assumes all outstanding debts of the
102	102	existing [merged] districts." The ballot shall include a
103	103	proposition for an election required under Section 775.0241, if
104	104	applicable.
105	105	(e) [(d)] If a majority of the voters voting in at least two
106	106	of the districts proposed to be consolidated [each district] favor
107	107	the consolidation [merger], the consolidated [merged] district is
108	108	created and is composed of the districts that favored the
109	109	consolidation. If less than a majority of the voters voting in any
110	110	of the districts are in favor of the consolidation [merger], that
111	111	district is not part of any consolidated district [the vote fails
112	112	and the districts are not merged].
113	113	(f) The consolidated district is created on the latest of:
114	114	(1) the date stated in the joint order;
115	115	(2) the date the consolidation is approved in an
116	116	election described by Subsection (d); or
117	117	(3) the date the maximum ad valorem tax rate the
118	118	consolidated district may impose under Section 775.0241 is
119	119	established, if necessary.
120	120	(g) [(e) The maximum tax rate that may be imposed by the
121	121	merged district may not exceed the maximum tax rate authorized for
122	122	any of the previous districts.
123	123	[(f)] The consolidated [merged] district assumes all
124	124	powers, rights, duties, assets, and liabilities of the former
125	125	districts without a change in status. The consolidation [merger]
126	126	does not diminish or impair the rights of the holders of any
127	127	outstanding and unpaid bonds, warrants, or obligations of the
128	128	district.
129	129	(h) For a consolidated district to which Section 775.0345 or
130	130	775.035 applies, the initial commissioners of the consolidated
131	131	district serve until the next available uniform election date after
132	132	the date the joint order is adopted and that allows sufficient time
133	133	to comply with other requirements of law. After an election is held
134	134	under Section 775.0345 or 775.035:
135	135	(1) the two commissioners who receive the fewest votes
136	136	of the elected commissioners serve terms ending on December 31 of
137	137	the second year following the year in which the election is held;
138	138	and
139	139	(2) the remaining elected commissioners serve terms
140	140	ending on December 31 of the fourth year following the year in which
141	141	the election is held.
142	142	SECTION 4. Subchapter B, Chapter 775, Health and Safety
143	143	Code, is amended by adding Section 775.0241 to read as follows:
144	144	Sec. 775.0241. TAXES FOR CONSOLIDATED DISTRICT. (a) If two
145	145	districts that want to consolidate under Section 775.024 have
146	146	different maximum ad valorem tax rates, the board of the district
147	147	with the lower maximum ad valorem tax rate shall order an election
148	148	in its district under Section 775.0745 to authorize the imposition
149	149	of taxes in the territory of that district at a maximum rate that
150	150	equals the maximum rate authorized in the district with the higher
151	151	maximum rate.
152	152	(b) If a majority of the voters do not favor the increase in
153	153	the maximum ad valorem tax rate under Subsection (a), the districts
154	154	may not proceed with the consolidation.
155	155	(c) If the districts have different sales and use tax rates,
156	156	the board of the consolidated district shall:
157	157	(1) designate the territory of the former districts as
158	158	subdistricts;
159	159	(2) continue to impose the sales and use tax in each
160	160	subdistrict at the rate the tax was imposed by the former district;
161	161	and
162	162	(3) send to the comptroller by registered or certified
163	163	mail:
164	164	(A) a copy of the joint order described by
165	165	Section 775.024(a)(2); and
166	166	(B) a map of the consolidated district that
167	167	clearly shows the territory of each subdistrict.
168	168	(d) Subsection (c) does not limit the authority of the board
169	169	of the consolidated district to order an election under Section
170	170	775.0752 in a subdistrict or in the entire district.
171	171	SECTION 5. Subchapter C, Chapter 775, Health and Safety
172	172	Code, is amended by adding Sections 775.0362 and 775.0363 to read as
173	173	follows:
174	174	Sec. 775.0362. LIMIT ON REGULATION OF FIREWORKS. Except as
175	175	provided by Section 775.0363, the district may not regulate the
176	176	sale, use, or transportation of fireworks.
177	177	Sec. 775.0363. REGULATION OF FIREWORKS. The district may
178	178	adopt a rule relating to fireworks that is the same as or less
179	179	stringent than a rule adopted or enforced by the commissioner of
180	180	insurance and the state fire marshal under Chapter 2154,
181	181	Occupations Code, relating to retail fireworks stands, fireworks
182	182	bulk manufacturing and storage facilities, fireworks sales
183	183	buildings, or any other structure used in public pyrotechnic
184	184	displays to which the rules adopted under Chapter 2154, Occupations
185	185	Code, apply.
186	186	SECTION 6. Subchapter C, Chapter 775, Health and Safety
187	187	Code, is amended by adding Sections 775.0365 and 775.0366 to read as
188	188	follows:
189	189	Sec. 775.0365. BOARD TRAINING. (a) An emergency services
190	190	commissioner shall complete at least six hours of continuing
191	191	education relating to the performance of the duties of an emergency
192	192	services commissioner at least once in a two-year period.
193	193	(b) Continuing education instruction required by Subsection
194	194	(a) must be certified by an institution of higher education as
195	195	defined by Section 61.003, Education Code.
196	196	(c) For purposes of Subsection (a), an emergency services
197	197	commissioner may carry forward from one two-year period to the next
198	198	two-year period not more than three continuing education hours that
199	199	the commissioner completes in excess of the required six hours.
200	200	(d) For purposes of removal under Section 775.0422 or
201	201	775.0423, "incompetency" includes the failure of an emergency
202	202	services commissioner to comply with Subsection (a).
203	203	Sec. 775.0366. SERVICE CONTRACTS. (a) In this section,
204	204	"local government" has the meaning assigned by Section 791.003,
205	205	Government Code.
206	206	(b) The board may contract with a local government,
207	207	including another district, to provide staff, facilities,
208	208	equipment, programs, or services the board considers necessary to
209	209	provide or obtain emergency services that the district or the local
210	210	government is authorized to provide.
211	211	(c) A person acting under a contract under this section,
212	212	including an emergency services commissioner, does not, because of
213	213	that action, hold more than one civil office of emolument or more
214	214	than one office of honor, trust, or profit.
215	215	(d) Except as provided by Subsection (e), if a district
216	216	contracts with a local government under this section to provide or
217	217	obtain emergency services, the district is responsible for any
218	218	civil liability that arises from furnishing those services if the
219	219	district would have been responsible for furnishing the services in
220	220	the absence of the contract.
221	221	(e) The parties to a contract between governmental entities
222	222	under this section may agree to assign responsibility for civil
223	223	liability that arises from services provided under the contract in
224	224	any manner agreed to by the parties. The parties must assign that
225	225	responsibility in a written provision of the contract that
226	226	specifically refers to this subsection and states that the
227	227	assignment of liability is intended to be different from liability
228	228	otherwise assigned under Subsection (d).
229	229	(f) This section does not change the liability limits and
230	230	immunities for a governmental unit under Chapter 101, Civil
231	231	Practice and Remedies Code, or other law.
232	232	(g) A contract under this section is not a joint enterprise
233	233	for liability purposes.
234	234	SECTION 7. The heading to Section 775.0422, Health and
235	235	Safety Code, is amended to read as follows:
236	236	Sec. 775.0422. REMOVAL OF APPOINTED BOARD MEMBER BY
237	237	COMMISSIONERS COURT [FOR FAILURE TO GIVE REPORT].
238	238	SECTION 8. Section 775.0422, Health and Safety Code, is
239	239	amended by amending Subsections (a), (b), and (c) and adding
240	240	Subsections (a-1) and (b-1) to read as follows:
241	241	(a) This section does not apply to a district unless the
242	242	commissioners court of the county in which the district is located
243	243	adopts this section by resolution.
244	244	(a-1) This section applies only to an appointed board
245	245	member. This section does not apply to a board member who:
246	246	(1) is elected; or
247	247	(2) is appointed to fill a vacancy in an elected board
248	248	member position.
249	249	(b) The commissioners court of the county in which a
250	250	district is located, by an order adopted by a majority vote after a
251	251	hearing, may remove a [one or more] board member for:
252	252	(1) incompetency, as defined by Section 87.011, Local
253	253	Government Code;
254	254	(2) official misconduct, as defined by Section 87.011,
255	255	Local Government Code; or
256	256	(3) misconduct, as defined by Section 178.001, Local
257	257	Government Code [members if the board failed to give the report
258	258	required by Section 775.036(a)(4) to the commissioners court before
259	259	the 91st day after the date on which the report was due under that
260	260	section].
261	261	(b-1) Section 551.0745, Government Code, applies to a
262	262	deliberation regarding a removal of a board member in the same
263	263	manner as that section applies to a deliberation regarding a
264	264	dismissal of a member of an advisory body.
265	265	(c) Not later than [Before] the 30th [60th] day before
266	266	[after] the date on which the hearing is held, a [report was due,
267	267	each] commissioners court seeking removal under this section must:
268	268	(1) notify the board members that it is considering
269	269	that action; and
270	270	(2) provide the board member with an opportunity to
271	271	show cause why the board member should not be removed.
272	272	SECTION 9. Subchapter C, Chapter 775, Health and Safety
273	273	Code, is amended by adding Section 775.0423 to read as follows:
274	274	Sec. 775.0423. REMOVAL OF ELECTED BOARD MEMBER. (a) This
275	275	section applies only to a board member who:
276	276	(1) is elected; or
277	277	(2) is appointed to fill a vacancy in an elected board
278	278	member position.
279	279	(b) A board member may be removed using the procedures
280	280	provided by Chapter 87, Local Government Code, for:
281	281	(1) incompetency, as defined by Section 87.011, Local
282	282	Government Code;
283	283	(2) official misconduct, as defined by Section 87.011,
284	284	Local Government Code;
285	285	(3) intoxication, as described by Section 87.013,
286	286	Local Government Code; or
287	287	(4) misconduct, as defined by Section 178.001, Local
288	288	Government Code.
289	289	(c) The validity of a board action is not affected because
290	290	it is taken when a ground for removal of a board member exists.
291	291	SECTION 10. Section 775.056(a), Health and Safety Code, is
292	292	amended to read as follows:
293	293	(a) After a hearing, a district may make mutually agreeable
294	294	changes in boundaries with another district, [or a district created
295	295	under Chapter 776,] provided that the maximum tax rate authorized
296	296	for such a district does not exceed the maximum tax rate previously
297	297	authorized for any territory added to that district. The districts
298	298	shall agree on an effective date for the changes in boundaries.
299	299	SECTION 11. Section 775.074, Health and Safety Code, is
300	300	amended by adding Subsection (d-1) to read as follows:
301	301	(d-1) The board may not set the tax rate for a fiscal year
302	302	before the date the board adopts a budget for that fiscal year.
303	303	SECTION 12. Section 775.082, Health and Safety Code, is
304	304	amended by adding Subsection (e-1) to read as follows:
305	305	(e-1) When a district located wholly in one county fails to
306	306	complete and file the audit report by September 1 of each year and a
307	307	county auditor is not ordered to prepare the report, the president
308	308	and treasurer of the board are removed from the board and the
309	309	commissioners court shall fill the vacancies as provided by Section
310	310	775.034.
311	311	SECTION 13. Section 775.085, Health and Safety Code, is
312	312	amended by adding Subsection (d) to read as follows:
313	313	(d) Section 775.077 does not apply to a loan secured under
314	314	this section, including a loan made before the effective date of
315	315	this subsection.
316	316	SECTION 14. Section 344.051(c), Local Government Code, is
317	317	amended to read as follows:
318	318	(c) Except as provided by Subsection (f), a district may be
319	319	created inside the boundaries of an emergency services district
320	320	operating under Chapter 775 [or 776], Health and Safety Code, only
321	321	if the governing body of the emergency services district gives its
322	322	written consent by order or resolution not later than the 60th day
323	323	after the date the governing body receives a request for its
324	324	consent.
325	325	SECTION 15. Section 323.101(f), Tax Code, is amended to
326	326	read as follows:
327	327	(f) The provisions of this chapter govern the application,
328	328	collection, and administration of a sales and use tax imposed under
329	329	Chapter 285 or [,] 775, [or 776,] Health and Safety Code, to the
330	330	extent not inconsistent with the provisions of those chapters.
331	331	Provided, however, that Subsection (b) shall not apply to a tax
332	332	authorized under those chapters.
333	333	SECTION 16. Chapter 776, Health and Safety Code, is
334	334	repealed.
335	335	SECTION 17. (a) On the effective date of this Act, a
336	336	district created under Chapter 776, Health and Safety Code, is
337	337	converted into a district operated under Chapter 775, Health and
338	338	Safety Code. A district converted under this section continues in
339	339	existence and is subject to Chapter 775, Health and Safety Code.
340	340	(b) An emergency commissioner of a district created under
341	341	Chapter 776, Health and Safety Code, is an emergency services
342	342	commissioner of the converted district under Chapter 775, Health
343	343	and Safety Code, and shall serve on the board of the converted
344	344	district as an emergency services commissioner until the term for
345	345	which the commissioner was appointed or elected expires.
346	346	SECTION 18. This Act takes effect immediately if it
347	347	receives a vote of two-thirds of all the members elected to each
348	348	house, as provided by Section 39, Article III, Texas Constitution.
349	349	If this Act does not receive the vote necessary for immediate
350	350	effect, this Act takes effect September 1, 2011.