Texas 2023 - 88th Regular

Texas House Bill HB2633 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R14962 MCF-D
2	2	By: Cortez H.B. No. 2633
3	3	Substitute the following for H.B. No. 2633:
4	4	By: Rosenthal C.S.H.B. No. 2633
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to conditions imposed on an emergency services district
10	10	that includes territory in the extraterritorial jurisdiction of
11	11	certain municipalities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 775.014, Health and Safety Code, is
14	14	amended by adding Subsection (h-1) and amending Subsection (i) to
15	15	read as follows:
16	16	(h-1) The board of an emergency services district created
17	17	before September 1, 2023, that is subject to conditions negotiated
18	18	under Subsection (h) as that subsection existed immediately before
19	19	September 1, 2023, may hold an election to submit to the qualified
20	20	voters of the district the question of whether to terminate the
21	21	negotiated conditions under that subsection. If a majority of the
22	22	votes cast in the election favor the termination of the conditions,
23	23	the conditions are terminated and have no effect. The board of a
24	24	district described by this subsection may not hold an election
25	25	under this subsection if the termination of the conditions would
26	26	impair:
27	27	(1) a contract entered into by the board; or
28	28	(2) the rights of the holders of any outstanding and
29	29	unpaid bonds or other debt.
30	30	(i) If a [A] request [submitted] under this section is
31	31	submitted to a municipality that has a population of more than one
32	32	million and the majority of the territory inside the municipality's
33	33	corporate boundaries is located inside a county with a population
34	34	of less than 2.1 million, the request [described by Subsection (h)]
35	35	must include:
36	36	(1) a copy of the petition submitted under Section
37	37	775.015; and
38	38	(2) a sufficient legal description of the portion of
39	39	the municipality and its extraterritorial jurisdiction that would
40	40	be included in the district territory.
41	41	SECTION 2. Section 775.016(c), Health and Safety Code, is
42	42	amended to read as follows:
43	43	(c) The commissioners court has exclusive jurisdiction to
44	44	determine each issue relating to the creation of the district[,
45	45	including any matters negotiated with a consenting municipality
46	46	under Section 775.014(h),] and may issue incidental orders it
47	47	considers proper in relation to the issues before the commissioners
48	48	court. The commissioners court may adjourn the hearing as
49	49	necessary.
50	50	SECTION 3. Section 775.017(a), Health and Safety Code, is
51	51	amended to read as follows:
52	52	(a) If after the hearing the commissioners court finds that
53	53	creation of the district is feasible and will promote the public
54	54	safety, welfare, health, and convenience of persons residing in the
55	55	proposed district, the commissioners court shall grant the petition
56	56	and [,] fix the district's boundaries[, and impose any conditions
57	57	negotiated under Section 775.014(h)]. If the proposed district,
58	58	according to its boundaries stated in the petition, is located
59	59	wholly in a county with a population of more than 3.3 million, the
60	60	commissioners court may amend the petition to change the boundaries
61	61	of the proposed district if the commissioners court finds the
62	62	change is necessary or desirable. For the purposes of this
63	63	provision, the population of the county is determined according to
64	64	the most recent federal decennial census available at the time the
65	65	petition is filed.
66	66	SECTION 4. Section 775.018(a), Health and Safety Code, is
67	67	amended to read as follows:
68	68	(a) On the granting of a petition, the commissioners court
69	69	shall order an election to confirm the district's creation and
70	70	authorize the imposition of a tax not to exceed the rate allowed by
71	71	Section 48-e, Article III, Texas Constitution. [Any conditions
72	72	negotiated under Section 775.014(h) must be included on the
73	73	ballot.]
74	74	SECTION 5. Section 775.019(b), Health and Safety Code, is
75	75	amended to read as follows:
76	76	(b) A district may not include territory in a municipality's
77	77	limits or extraterritorial jurisdiction unless a majority of the
78	78	voters residing in that territory who vote at the election vote in
79	79	favor of creating the district [subject to any conditions
80	80	negotiated under Section 775.014(h)] and imposing a tax. The
81	81	exclusion of that territory does not affect the creation of a
82	82	district that includes the remainder of the proposed territory if
83	83	the commissioners court's findings under Section 775.017 are
84	84	favorable to the district's creation.
85	85	SECTION 6. Section 775.022(g), Health and Safety Code, is
86	86	amended to read as follows:
87	87	(g) The amount of compensation under Subsection (c) shall be
88	88	determined under Subsection (e) regardless of whether Subsection
89	89	(e-1) would yield a greater amount if:
90	90	(1) the municipality has a population of more than one
91	91	million and the majority of the territory inside the municipality's
92	92	corporate boundaries is located inside a county with a population
93	93	of less than 2.1 million [is a municipality described by Section
94	94	775.014(h)]; and
95	95	(2) the municipality and the district enter into an
96	96	agreement on or before September 1, 2019, regarding the district's
97	97	bonded and other indebtedness.
98	98	SECTION 7. The following sections of the Health and Safety
99	99	Code are repealed:
100	100	(1) Section 775.014(h);
101	101	(2) Section 775.019(f); and
102	102	(3) Section 775.031(e).
103	103	SECTION 8. This Act takes effect September 1, 2023.