| 1 | 1 | | 88R13040 MCF-F |
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| 2 | 2 | | By: Rogers H.B. No. 4275 |
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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 territory in an emergency services district that is |
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| 8 | 8 | | annexed by a municipality. |
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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. Section 775.022, Health and Safety Code, is |
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| 11 | 11 | | amended by amending Subsection (a) and adding Subsections (a-1) and |
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| 12 | 12 | | (h) to read as follows: |
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| 13 | 13 | | (a) If a municipality completes all other procedures |
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| 14 | 14 | | necessary to annex territory in a district, including the |
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| 15 | 15 | | preparation of a service plan if required by Section 43.056, Local |
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| 16 | 16 | | Government Code, and if the municipality intends to remove the |
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| 17 | 17 | | territory from the district and be the sole provider of emergency |
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| 18 | 18 | | services to the territory by the use of municipal personnel or by |
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| 19 | 19 | | some method other than by use of the district, the municipality |
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| 20 | 20 | | shall send written notice of those facts, and the completed service |
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| 21 | 21 | | plan if applicable, to the board not later than the 30th day after |
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| 22 | 22 | | completing the necessary procedures. The municipality must send the |
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| 23 | 23 | | notice to the secretary of the board by certified mail, return |
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| 24 | 24 | | receipt requested. Except as provided by Subsection (a-1), the |
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| 25 | 25 | | [The] territory remains part of the district and does not become |
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| 26 | 26 | | part of the municipality until the secretary of the board receives |
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| 27 | 27 | | the notice. Except as provided by Subsection (a-1), on [On] receipt |
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| 28 | 28 | | of the notice, the board shall immediately change its records to |
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| 29 | 29 | | show that the territory has been disannexed from the district and |
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| 30 | 30 | | shall cease to provide further services to the residents of that |
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| 31 | 31 | | territory. This subsection does not require a municipality to |
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| 32 | 32 | | remove from a district territory the municipality has annexed. |
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| 33 | 33 | | (a-1) If a service plan is required by Section 43.056, Local |
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| 34 | 34 | | Government Code, for an annexation described by Subsection (a), not |
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| 35 | 35 | | later than the 30th day after the date the board receives a notice |
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| 36 | 36 | | under Subsection (a), the board shall determine whether the service |
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| 37 | 37 | | plan is sufficient to ensure that municipal services planned to be |
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| 38 | 38 | | provided in the annexed territory will meet or exceed the level of |
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| 39 | 39 | | service provided by the district in that territory. If the board |
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| 40 | 40 | | determines that municipal services planned to be provided in the |
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| 41 | 41 | | annexed territory will meet or exceed the level of service provided |
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| 42 | 42 | | by the district in that territory, the board shall adopt an order |
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| 43 | 43 | | disannexing the territory from the district, notify the appraisal |
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| 44 | 44 | | district to change its records to show that the territory has been |
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| 45 | 45 | | disannexed from the district, and cease to provide further services |
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| 46 | 46 | | to the residents of that territory. If the board determines that the |
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| 47 | 47 | | municipal services planned to be provided in the annexed territory |
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| 48 | 48 | | will not meet or exceed the level of service provided by the |
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| 49 | 49 | | district in that territory, the board may not adopt an order |
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| 50 | 50 | | disannexing the territory from the district. For the purposes of |
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| 51 | 51 | | this subsection, "level of service" for fire protection means the |
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| 52 | 52 | | location, deployment, and response time of fire suppression |
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| 53 | 53 | | resources originally dispatched to a structural or wildland fire. |
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| 54 | 54 | | (h) After territory is disannexed from a district under this |
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| 55 | 55 | | section, if the district or a service provider that contracts with |
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| 56 | 56 | | the district is dispatched or requested to provide services in the |
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| 57 | 57 | | territory, and the services are not part of or are in excess of an |
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| 58 | 58 | | automatic mutual aid or other mutual aid agreement between the |
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| 59 | 59 | | municipality and the district, the municipality shall compensate |
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| 60 | 60 | | the district for the cost of services provided in an amount |
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| 61 | 61 | | determined by the district not later than the 30th day after the |
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| 62 | 62 | | date on which the district provides the municipality a request for |
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| 63 | 63 | | payment. A payment made under this subsection is subject to |
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| 64 | 64 | | Subchapter B, Chapter 2251, and Section 2251.043, Government Code. |
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| 65 | 65 | | SECTION 2. This Act takes effect September 1, 2023. |
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