Texas 2019 - 86th Regular

Texas Senate Bill SB1579 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Alvarado S.B. No. 1579
2		-	(Bohac)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the creation of certain emergency services districts.
8	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	8		SECTION 1. Subchapter B, Chapter 775, Health and Safety
10	9		Code, is amended by adding Section 775.0206 to read as follows:
11	10		Sec. 775.0206. SEPARATION OF DISTRICT SERVICES;
12	11		ALTERNATIVE CREATION PROCEDURE. (a) This section applies only to
13	12		a district located in a county with a population of more than 3.3
14	13		million.
15	14		(b) Notwithstanding the procedures required by this
16	15		subchapter, the board of a district may create another district
17	16		under this section if:
18	17		(1) the board determines that the creation would
19	18		enable the services currently provided by the creating district to
20	19		be provided in a more economical and efficient manner by the
21	20		creating district and the other district; and
22	21		(2) the boundaries of the other district are identical
23	22		to the boundaries of the creating district.
24	23		(c) To create the other district, the board of the creating
25	24		district must adopt an order creating the other district that:
26	25		(1) names the other district and, if considered
27	26		reasonable by the board of the creating district, renames the
28	27		creating district; and
29	28		(2) describes the services to be provided by the
30	29		creating district and the other district, including:
31	30		(A) a statement that specifies the services each
32	31		district will provide; and
33	32		(B) the proposed date on which the creating
34	33		district will cease to provide a service and the other district will
35	34		begin to provide that service.
36	35		(d) The order may not provide for the creating district and
37	36		the other district to provide the same service.
38	37		(e) The board of the creating district must hold an election
39	38		under Section 775.018 to confirm the other district's creation and
40	39		authorize the imposition of a tax by the other district. The
41	40		creation of the other district is confirmed only if a majority of
42	41		voters voting in the election approve the creation of the other
43	42		district and the imposition of the tax by the other district.
44	43		(f) Subject to Section 4.003, Election Code, the notice of
45	44		the election to separate district services shall be given in the
46	45		same manner as the notice of a petition hearing under Section
47	46		775.015.
48	47		(g) An election to create a district under this section must
49	48		be held on a uniform election date as described by Section
50	49		775.018(e).
51	50		(h) Except as provided by Subsection (i), the board of the
52	51		creating district shall appoint the initial board of the other
53	52		district. The appointed commissioners serve until December 31 of
54	53		the year the other district is created. On the expiration of the
55	54		terms of the initial commissioners, the commissioners court or
56	55		commissioners courts shall appoint commissioners for a full term
57	56		under Section 775.034 or 775.0341, as applicable.
58	57		(i) If Section 775.0345 or 775.035 applies to a district
59	58		created under this section, the board of the creating district
60	59		shall appoint the initial board of the other district. The
61	60		appointed commissioners serve until the next election date of the
62	61		commissioners of the creating district. The board of the creating
63	62		district shall hold an election for both the board of the creating
64	63		district and the board of the other district under Section 775.0345
65	64		or 775.035, as applicable. The five commissioner positions on each
66	65		board shall be filled at the election held by the creating district.
67	66		For each board, the three elected commissioners receiving the most
68	67		votes serve four-year terms and the two remaining elected
69	68		commissioners serve two-year terms. After the initial election,
70	69		each district shall hold separately an election on the dates and in
71	70		the manner described by Section 775.0345 or 775.035, as applicable.
72	71		(j) To promote the economical and efficient delivery of
73	72		services provided by a creating district and a district created
74	73		under this section, the creating district may convey assets and
75	74		transfer indebtedness, other than bonded indebtedness, to the other
76	75		district.
77	76		(k) If a creating district has bonded indebtedness at the
78	77		time the district's board creates a district under this section, a
79	78		district created under this section shall pay to the creating
80	79		district annually an amount equal to one-half of the amount
81	80		required to service the bonded indebtedness in that year.
82	81		(l) Overlapping districts resulting from the creation of a
83	82		district under this section shall comply with Section 775.020 or
84	83		775.0205, as applicable.
85	84		SECTION 2. This Act takes effect September 1, 2019.