Texas 2015 - 84th Regular

Texas House Bill HB4026 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R10635 KJE-D
2	2	By: Simpson H.B. No. 4026
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the division of certain emergency services districts.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 775.221, Health and Safety Code, is
10	10	amended to read as follows:
11	11	Sec. 775.221. AUTHORITY TO DIVIDE DISTRICT. (a) This
12	12	subchapter applies only to a district located wholly in:
13	13	(1) a county with a population of 20,000 or less; or
14	14	(2) a county with a population of more than 30,000 but
15	15	less than 41,000 that is adjacent to a county with a population of
16	16	more than 200,000 but less than 220,000.
17	17	(b) The board of a district described by Subsection (a)
18	18	[located wholly in one county with a population of 20,000 or less]
19	19	may create one or more [a] new districts [district] by disannexing
20	20	territory from the existing district and ordering one or more [a]
21	21	new districts [district] to be created in the disannexed territory
22	22	in the manner provided by this subchapter.
23	23	SECTION 2. Sections 775.222(a), (b), and (d), Health and
24	24	Safety Code, are amended to read as follows:
25	25	(a) Before the existing district may be divided, the
26	26	district's board must receive a petition for division signed by at
27	27	least 10 [seven] percent of the district's qualified voters or at
28	28	least 500 [100] of the district's qualified voters, whichever is
29	29	the lesser number.
30	30	(b) A petition for division must include:
31	31	(1) the name of each [the] new district to be created;
32	32	and
33	33	(2) a description of the territory proposed to be each
34	34	[the] new district's territory.
35	35	(d) The board shall issue a notice of the hearing that
36	36	includes:
37	37	(1) the name of each [the] proposed district;
38	38	(2) a description of each [the] proposed district's
39	39	boundaries; and
40	40	(3) the place, date, and time of the hearing on the
41	41	petition.
42	42	SECTION 3. Section 775.223(c), Health and Safety Code, is
43	43	amended to read as follows:
44	44	(c) The [If the board finds that the petition contains the
45	45	number of signatures required under Section 775.222(a), the] board
46	46	shall approve the petition not later than the 10th day after the
47	47	date of the hearing if the board finds that:
48	48	(1) the petition contains the number of signatures
49	49	required under Section 775.222(a); and
50	50	(2) the proposed division is feasible.
51	51	SECTION 4. Sections 775.225(a) and (g), Health and Safety
52	52	Code, are amended to read as follows:
53	53	(a) On granting a petition to divide the district, the board
54	54	shall order an election to be held in the territory of each [the]
55	55	proposed new district to confirm the division of the existing
56	56	district.
57	57	(g) The existing district and each [the] new district [each]
58	58	shall pay a pro rata share of the cost of an election held under this
59	59	section, based on the assessed value of real property in each
60	60	district subject to ad valorem taxation.
61	61	SECTION 5. Section 775.226, Health and Safety Code, is
62	62	amended to read as follows:
63	63	Sec. 775.226. DIVISION ORDER. A board order to divide a
64	64	district must:
65	65	(1) disannex the land of each [the] new district from
66	66	the existing district contingent on the approval of the creation of
67	67	the new district at the election held under this subchapter;
68	68	(2) create each [the] new district in accordance with
69	69	this chapter;
70	70	(3) name each [the] new district; and
71	71	(4) include the metes and bounds description of the
72	72	territory of each [the] new district and the existing district
73	73	after disannexation.
74	74	SECTION 6. Section 775.227(b), Health and Safety Code, is
75	75	amended to read as follows:
76	76	(b) If a [the] new district is located wholly in one county,
77	77	the commissioners court shall appoint a board in the manner
78	78	described by Section 775.034 not later than the 14th day after the
79	79	date of the board order dividing the district.
80	80	SECTION 7. Section 775.229, Health and Safety Code, is
81	81	amended to read as follows:
82	82	Sec. 775.229. FURTHER DIVISION [PROHIBITED]. The [Once a
83	83	district has been divided under this subchapter, neither the]
84	84	existing district and each [nor the] new district may be further
85	85	divided under this subchapter if at least two years have elapsed
86	86	since the most recent division of the district.
87	87	SECTION 8. The changes in law made by this Act apply only to
88	88	the division of an emergency services district the petition for
89	89	which is submitted on or after the effective date of this Act. The
90	90	division of an emergency services district the petition for which
91	91	is submitted before the effective date of this Act is governed by
92	92	the law in effect on the date the petition is submitted, and the
93	93	former law is continued in effect for that purpose.
94	94	SECTION 9. This Act takes effect September 1, 2015.