| 1 | 1 | | 88R3419 JTZ-D |
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| 2 | 2 | | By: Martinez H.B. No. 1204 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a municipality to remove territory |
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| 8 | 8 | | from an emergency services district following annexation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 775, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 775.0222 to read as follows: |
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| 12 | 12 | | Sec. 775.0222. EXCEPTION TO MUNICIPAL AUTHORITY TO REMOVE |
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| 13 | 13 | | TERRITORY. (a) A district may object to the removal of territory |
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| 14 | 14 | | under Section 775.022 if the removal would have the effect of: |
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| 15 | 15 | | (1) reducing the level of emergency services provided |
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| 16 | 16 | | to the district territory inside or outside the annexed area; or |
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| 17 | 17 | | (2) reducing district revenue to a level that would: |
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| 18 | 18 | | (A) be insufficient to carry out the district's |
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| 19 | 19 | | purposes in territory outside the annexed area; or |
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| 20 | 20 | | (B) require the district to increase the tax |
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| 21 | 21 | | burden on territory outside the annexed area in order to maintain |
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| 22 | 22 | | current services and commitments. |
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| 23 | 23 | | (b) Notwithstanding Section 775.022, if a district objects |
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| 24 | 24 | | to the removal of territory under Subsection (a), the municipality |
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| 25 | 25 | | may not remove the annexed territory from the district. |
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| 26 | 26 | | (c) A district that objects to the removal of territory |
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| 27 | 27 | | under Subsection (a) shall continue providing services in the |
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| 28 | 28 | | territory. |
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| 29 | 29 | | SECTION 2. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2023. |
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