Texas 2023 - 88th Regular

Texas Senate Bill SB1794 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1794
2	2
3	3
4	4	AN ACT
5	5	relating to conditions imposed on an emergency services district
6	6	that includes territory in the extraterritorial jurisdiction of
7	7	certain municipalities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 775.014(i), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(i) If a [A] request [submitted] under this section is
12	12	submitted to a municipality that has a population of more than one
13	13	million and the majority of the territory inside the municipality's
14	14	corporate boundaries is located inside a county with a population
15	15	of less than 2.1 million, the request [described by Subsection (h)]
16	16	must include:
17	17	(1) a copy of the petition submitted under Section
18	18	775.015; and
19	19	(2) a sufficient legal description of the portion of
20	20	the municipality and its extraterritorial jurisdiction that would
21	21	be included in the district territory.
22	22	SECTION 2. Section 775.016(c), Health and Safety Code, is
23	23	amended to read as follows:
24	24	(c) The commissioners court has exclusive jurisdiction to
25	25	determine each issue relating to the creation of the district[,
26	26	including any matters negotiated with a consenting municipality
27	27	under Section 775.014(h),] and may issue incidental orders it
28	28	considers proper in relation to the issues before the commissioners
29	29	court. The commissioners court may adjourn the hearing as
30	30	necessary.
31	31	SECTION 3. Section 775.017(a), Health and Safety Code, is
32	32	amended to read as follows:
33	33	(a) If after the hearing the commissioners court finds that
34	34	creation of the district is feasible and will promote the public
35	35	safety, welfare, health, and convenience of persons residing in the
36	36	proposed district, the commissioners court shall grant the petition
37	37	and[,] fix the district's boundaries[, and impose any conditions
38	38	negotiated under Section 775.014(h)]. If the proposed district,
39	39	according to its boundaries stated in the petition, is located
40	40	wholly in a county with a population of more than 3.3 million, the
41	41	commissioners court may amend the petition to change the boundaries
42	42	of the proposed district if the commissioners court finds the
43	43	change is necessary or desirable. For the purposes of this
44	44	provision, the population of the county is determined according to
45	45	the most recent federal decennial census available at the time the
46	46	petition is filed.
47	47	SECTION 4. Section 775.018(a), Health and Safety Code, is
48	48	amended to read as follows:
49	49	(a) On the granting of a petition, the commissioners court
50	50	shall order an election to confirm the district's creation and
51	51	authorize the imposition of a tax not to exceed the rate allowed by
52	52	Section 48-e, Article III, Texas Constitution. [Any conditions
53	53	negotiated under Section 775.014(h) must be included on the
54	54	ballot.]
55	55	SECTION 5. Section 775.019(b), Health and Safety Code, is
56	56	amended to read as follows:
57	57	(b) A district may not include territory in a municipality's
58	58	limits or extraterritorial jurisdiction unless a majority of the
59	59	voters residing in that territory who vote at the election vote in
60	60	favor of creating the district [subject to any conditions
61	61	negotiated under Section 775.014(h)] and imposing a tax. The
62	62	exclusion of that territory does not affect the creation of a
63	63	district that includes the remainder of the proposed territory if
64	64	the commissioners court's findings under Section 775.017 are
65	65	favorable to the district's creation.
66	66	SECTION 6. Section 775.022(g), Health and Safety Code, is
67	67	amended to read as follows:
68	68	(g) The amount of compensation under Subsection (c) shall be
69	69	determined under Subsection (e) regardless of whether Subsection
70	70	(e-1) would yield a greater amount if:
71	71	(1) the municipality has a population of more than one
72	72	million and the majority of the territory inside the municipality's
73	73	corporate boundaries is located inside a county with a population
74	74	of less than 2.1 million [is a municipality described by Section
75	75	775.014(h)]; and
76	76	(2) the municipality and the district enter into an
77	77	agreement on or before September 1, 2019, regarding the district's
78	78	bonded and other indebtedness.
79	79	SECTION 7. The following sections of the Health and Safety
80	80	Code are repealed:
81	81	(1) Section 775.014(h);
82	82	(2) Section 775.019(f); and
83	83	(3) Section 775.031(e).
84	84	SECTION 8. Any conditions that were negotiated by the
85	85	governing body of a municipality and the commissioners court of a
86	86	county under Section 775.014(h), Health and Safety Code, as that
87	87	section existed immediately before the effective date of this Act,
88	88	are terminated and have no effect.
89	89	SECTION 9. The changes in law made by this Act do not affect
90	90	the validity or enforceability of a contract that was entered into
91	91	by the board of emergency services commissioners of an emergency
92	92	services district before the effective date of this Act.
93	93	SECTION 10. This Act takes effect March 1, 2024.
94	94	______________________________ ______________________________
95	95	President of the Senate Speaker of the House
96	96	I hereby certify that S.B. No. 1794 passed the Senate on
97	97	April 26, 2023, by the following vote: Yeas 30, Nays 1.
98	98	______________________________
99	99	Secretary of the Senate
100	100	I hereby certify that S.B. No. 1794 passed the House on
101	101	May 17, 2023, by the following vote: Yeas 131, Nays 12,
102	102	one present not voting.
103	103	______________________________
104	104	Chief Clerk of the House
105	105	Approved:
106	106	______________________________
107	107	Date
108	108	______________________________
109	109	Governor