83R20956 JTS-F
By: Rodriguez of Travis H.B. No. 2170
Substitute the following for H.B. No. 2170:
By: M. Gonzalez of El Paso C.S.H.B. No. 2170
A BILL TO BE ENTITLED
AN ACT
relating to the annexation by a municipality of territory of an
emergency services district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 775.022(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) If a municipality completes all other procedures
necessary to annex territory in a district and if the municipality
intends to remove the territory from the district and be the sole
provider of [provide] emergency services to the territory by the
use of municipal personnel or by some method other than by use of
the district, the municipality shall send written notice of those
facts [that fact] to the board. The municipality must send the
notice to the secretary of the board by certified mail, return
receipt requested. The territory remains part of the district and
does not become part of the municipality until the secretary of the
board receives the notice. On receipt of the notice, the board
shall immediately change its records to show that the territory has
been disannexed from the district and shall cease to provide
further services to the residents of that territory. This
subsection does not require a municipality to remove from a
district territory the municipality has annexed.
(c) If a municipality removes [annexes] territory from [in]
a district that the municipality has annexed, the municipality
shall compensate the district immediately after disannexation of
the territory under Subsection (a) in an amount equal to the annexed
territory's pro rata share of the district's bonded and other
indebtedness as computed according to the formula in Subsection
(e). The district shall apply compensation received from a
municipality under this subsection exclusively to the payment of
the annexed territory's pro rata share of the district's bonded and
other indebtedness.
SECTION 2. Section 43.056, Local Government Code, is
amended by amending Subsection (f) and adding Subsections (p) and
(q) to read as follows:
(f) A service plan may not:
(1) require the creation of another political
subdivision;
(2) require a landowner in the area to fund the capital
improvements necessary to provide municipal services in a manner
inconsistent with Chapter 395 unless otherwise agreed to by the
landowner; [or]
(3) provide services in the area in a manner that would
have the effect of reducing by more than a negligible amount the
level of fire and police protection and emergency medical services
provided within the corporate boundaries of the municipality before
annexation;
(4) provide services in the area in a manner that would
have the effect of reducing by more than a negligible amount the
level of fire and police protection and emergency medical services
provided within the area before annexation; or
(5) cause a reduction in fire and police protection
and emergency medical services within the area to be annexed below
that of areas within the corporate boundaries of the municipality
with similar topography, land use, and population density.
(p) This subsection applies only to a municipality in a
county with a population of more than one million and less than 1.5
million. For a municipality that has adopted Chapter 143 and
directly employs firefighters, a service plan that includes the
provision of services to an area that, at the time the service plan
is adopted, is located in the territory of an emergency services
district:
(1) must require the municipality's fire department to
provide initial response to the annexed territory that is
equivalent to that provided to other areas within the corporate
boundaries of the municipality with similar topography, land use,
and population density;
(2) may not provide for municipal fire services to the
annexed area solely or primarily by means of an automatic aid or
mutual aid agreement with the affected emergency services district
or other third-party provider of services; and
(3) may authorize the emergency services district to
provide supplemental fire and emergency medical services to the
annexed area by means of an automatic aid or mutual aid agreement.
(q) This chapter does not affect the obligation of a
municipality that has adopted Chapter 143 to provide police, fire,
or emergency medical services within the municipality's corporate
boundaries by means of personnel classified in accordance with that
chapter.
SECTION 3. This Act takes effect September 1, 2013.