By: Stucky, et al. (Senate Sponsor - Nelson) H.B. No. 2461
(In the Senate - Received from the House April 29, 2019;
April 29, 2019, read first time and referred to Committee on
Intergovernmental Relations; May 13, 2019, reported favorably by
the following vote: Yeas 7, Nays 0; May 13, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the territory of and fees imposed by certain emergency
communication districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 772, Health and Safety
Code, is amended by adding Section 772.3051 to read as follows:
Sec. 772.3051. REMOVAL OF CERTAIN MUNICIPAL TERRITORY. (a)
A municipality that is a participating jurisdiction may request
that the municipality be removed from the district if the
municipality operated a consolidated public safety answering point
with at least three emergency communication districts described by
Section 771.001(3)(A) for at least a three-year period before
September 1, 2019.
(b) The board of a district that receives a request under
Subsection (a) shall approve the request and, not later than the
91st day before the date the removal will take effect, notify each
service supplier providing service in the district of the scheduled
removal. The removal must take effect on a date that:
(1) allows the board to comply with the notice
requirements of this section; and
(2) is not later than the 180th day after the date the
board receives the request.
(c) Removal of a municipality under this section does not
diminish or impair the rights of the holders of any outstanding and
unpaid bonds, warrants, or other obligations of the district.
(d) If a municipality is removed under this section, the
municipality shall compensate the district in an amount equal to
the municipality's pro rata share of the district's indebtedness at
the time the municipality is removed. The district shall apply
compensation received from a municipality under this subsection
exclusively to the payment of the municipality's pro rata share of
the district's indebtedness.
SECTION 2. Section 772.314, Health and Safety Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) The board may impose the fee at the rate authorized by
Subsection (c) regardless of whether an election was held for the
district under Chapter 288 (S.B. 750), Acts of the 69th
Legislature, Regular Session, 1985, or former Article 1432e,
Vernon's Texas Civil Statutes, at which the voters authorized a
different rate.
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, 2019.
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