By: Alvarado S.B. No. 1579
(In the Senate - Filed March 5, 2019; March 14, 2019, read
first time and referred to Committee on Intergovernmental
Relations; April 26, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
April 26, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1579 By: Alvarado
A BILL TO BE ENTITLED
AN ACT
relating to the creation of certain emergency services districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 775, Health and Safety
Code, is amended by adding Section 775.0206 to read as follows:
Sec. 775.0206. SEPARATION OF DISTRICT SERVICES;
ALTERNATIVE CREATION PROCEDURE. (a) This section applies only to
a district located in a county with a population of more than 3.3
million.
(b) Notwithstanding the procedures required by this
subchapter, the board of a district may create another district
under this section if:
(1) the board determines that the creation would
enable the services currently provided by the creating district to
be provided in a more economical and efficient manner by the
creating district and the other district; and
(2) the boundaries of the other district are identical
to the boundaries of the creating district.
(c) To create the other district, the board of the creating
district must adopt an order creating the other district that:
(1) names the other district and, if considered
reasonable by the board of the creating district, renames the
creating district; and
(2) describes the services to be provided by the
creating district and the other district, including:
(A) a statement that specifies the services each
district will provide; and
(B) the proposed date on which the creating
district will cease to provide a service and the other district will
begin to provide that service.
(d) The order may not provide for the creating district and
the other district to provide the same service.
(e) The board of the creating district must hold an election
under Section 775.018 to confirm the other district's creation and
authorize the imposition of a tax by the other district. The
creation of the other district is confirmed only if a majority of
voters voting in the election approve the creation of the other
district and the imposition of the tax by the other district.
(f) Subject to Section 4.003, Election Code, the notice of
the election to separate district services shall be given in the
same manner as the notice of a petition hearing under Section
775.015.
(g) An election to create a district under this section must
be held on a uniform election date as described by Section
775.018(e).
(h) Except as provided by Subsection (i), the board of the
creating district shall appoint the initial board of the other
district. The appointed commissioners serve until December 31 of
the year the other district is created. On the expiration of the
terms of the initial commissioners, the commissioners court or
commissioners courts shall appoint commissioners for a full term
under Section 775.034 or 775.0341, as applicable.
(i) If Section 775.0345 or 775.035 applies to a district
created under this section, the board of the creating district
shall appoint the initial board of the other district. The
appointed commissioners serve until the next election date of the
commissioners of the creating district. The board of the creating
district shall hold an election for both the board of the creating
district and the board of the other district under Section 775.0345
or 775.035, as applicable. The five commissioner positions on each
board shall be filled at the election held by the creating district.
For each board, the three elected commissioners receiving the most
votes serve four-year terms and the two remaining elected
commissioners serve two-year terms. After the initial election,
each district shall hold separately an election on the dates and in
the manner described by Section 775.0345 or 775.035, as
applicable.
(j) To promote the economical and efficient delivery of
services provided by a creating district and a district created
under this section, the creating district may convey assets and
transfer indebtedness, other than bonded indebtedness, to the other
district.
(k) If a creating district has bonded indebtedness at the
time the district's board creates a district under this section, a
district created under this section shall pay to the creating
district annually an amount equal to one-half of the amount
required to service the bonded indebtedness in that year.
(l) Overlapping districts resulting from the creation of a
district under this section shall comply with Section 775.020 or
775.0205, as applicable.
SECTION 2. This Act takes effect September 1, 2019.
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