88R3419 JTZ-D
By: Martinez H.B. No. 1204
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality to remove territory
from an emergency services district following annexation.
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 775.0222 to read as follows:
Sec. 775.0222. EXCEPTION TO MUNICIPAL AUTHORITY TO REMOVE
TERRITORY. (a) A district may object to the removal of territory
under Section 775.022 if the removal would have the effect of:
(1) reducing the level of emergency services provided
to the district territory inside or outside the annexed area; or
(2) reducing district revenue to a level that would:
(A) be insufficient to carry out the district's
purposes in territory outside the annexed area; or
(B) require the district to increase the tax
burden on territory outside the annexed area in order to maintain
current services and commitments.
(b) Notwithstanding Section 775.022, if a district objects
to the removal of territory under Subsection (a), the municipality
may not remove the annexed territory from the district.
(c) A district that objects to the removal of territory
under Subsection (a) shall continue providing services in the
territory.
SECTION 2. 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, 2023.