Texas 2023 - 88th Regular

Texas Senate Bill SB2370 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 2370
2	2
3	3
4	4	AN ACT
5	5	relating to the division of certain emergency services districts.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Chapter 8489, Special District Local Laws Code,
8	8	is amended by adding Subchapter F to read as follows:
9	9	SUBCHAPTER F. DIVISION OF EMERGENCY SERVICES DISTRICT THAT
10	10	OVERLAPS WITH THE DISTRICT
11	11	Sec. 8489.251. DEFINITION. In this subchapter,
12	12	"improvement district" means the Comal County Water Improvement
13	13	District No. 3.
14	14	Sec. 8489.252. AUTHORITY TO DIVIDE DISTRICT. A county in
15	15	which the improvement district is located may by order divide an
16	16	emergency services district located in whole or in part in the
17	17	improvement district and wholly in the county in the manner
18	18	provided by this subchapter.
19	19	Sec. 8489.253. PETITION FOR DIVISION; NOTICE OF HEARING.
20	20	(a) Before an emergency services district may be divided under this
21	21	subchapter, the county judge must receive a petition for division
22	22	signed by at least 60 percent of the qualified voters of the
23	23	improvement district.
24	24	(b) A petition for division must include:
25	25	(1) the name of the new emergency services district to
26	26	be created; and
27	27	(2) a description of the proposed territory of the new
28	28	emergency services district.
29	29	(c) The petition may include an agreement with a neighboring
30	30	municipality to allow the municipality to provide fire and
31	31	emergency medical services through the new emergency services
32	32	district.
33	33	(d) Not later than the 30th day after the date the county
34	34	judge receives a petition under this section, the commissioners
35	35	court of the county shall set a place, date, and time for a hearing
36	36	to consider the petition. The commissioners court shall issue a
37	37	notice of the hearing that includes:
38	38	(1) the name of the proposed emergency services
39	39	district;
40	40	(2) a description of the proposed emergency services
41	41	district's boundaries; and
42	42	(3) the place, date, and time of the hearing on the
43	43	petition.
44	44	(e) A commissioners court of a county that issues notice of
45	45	a hearing under Subsection (d) shall publish the notice in a
46	46	newspaper of general circulation in the improvement district once a
47	47	week for two consecutive weeks. The first publication must occur
48	48	not later than the 21st day before the date on which the hearing
49	49	will be held.
50	50	Sec. 8489.254. HEARING ON DIVISION OF EMERGENCY SERVICES
51	51	DISTRICT. (a) At a hearing on a petition for the division of an
52	52	emergency services district under this subchapter, the
53	53	commissioners court shall consider the petition and each issue
54	54	relating to the division of the emergency services district.
55	55	(b) Any interested person may appear before the
56	56	commissioners court to support or oppose the division.
57	57	(c) The commissioners court shall approve the petition not
58	58	later than the 10th day after the date of the hearing if the
59	59	commissioners court finds that:
60	60	(1) the petition contains the number of signatures
61	61	required under Section 8489.253; and
62	62	(2) the proposed division is feasible.
63	63	(d) The commissioners court shall consider any agreement
64	64	described by Section 8489.253(c) submitted with the petition as
65	65	evidence that the division of the emergency services district is
66	66	feasible under Subsection (c) of this section.
67	67	Sec. 8489.255. ELECTION TO CONFIRM DIVISION. (a) If a
68	68	commissioners court of a county approves a petition under Section
69	69	8489.254 to divide an emergency services district, the
70	70	commissioners court shall order an election to be held in the
71	71	territory of the proposed new emergency services district to:
72	72	(1) confirm the division of the existing emergency
73	73	services district; and
74	74	(2) authorize the imposition of a tax in the territory
75	75	of the new emergency services district not to exceed the rate
76	76	allowed by Section 48-e, Article III, Texas Constitution.
77	77	(b) Notice of the election shall be given in the same manner
78	78	as the notice of a hearing under Section 8489.253.
79	79	(c) The election shall be held on the first authorized
80	80	uniform election date prescribed by the Election Code that allows
81	81	sufficient time to comply with the requirements of law.
82	82	(d) The ballot shall be printed to provide for voting for or
83	83	against the proposition: "Dividing the (insert name of emergency
84	84	services district) to create a new emergency services district and
85	85	authorizing the imposition of a tax."
86	86	(e) If a majority of the voters voting at the election vote
87	87	to divide the emergency services district, the commissioners court
88	88	by order shall divide the emergency services district.
89	89	(f) The existing emergency services district and new
90	90	emergency services district each shall pay a pro rata share of the
91	91	cost of an election held under this section, based on the assessed
92	92	value of real property in each emergency services district subject
93	93	to ad valorem taxation.
94	94	Sec. 8489.256. DIVISION ORDER. (a) A county order dividing
95	95	an emergency services district under this subchapter must:
96	96	(1) require the existing emergency services district
97	97	to disannex the land of the new emergency services district;
98	98	(2) create the new emergency services district in
99	99	accordance with Chapter 775, Health and Safety Code;
100	100	(3) name the new emergency services district;
101	101	(4) include the metes and bounds description of the
102	102	territories of the new emergency services district and the existing
103	103	emergency services district after disannexation; and
104	104	(5) appoint the board of the new emergency services
105	105	district in the manner described by Section 775.034, Health and
106	106	Safety Code.
107	107	(b) The county judge shall send to the comptroller by
108	108	certified or registered United States Mail a certified copy of a
109	109	county order dividing an emergency services district under this
110	110	subchapter. The certified copy must:
111	111	(1) include the effective date of the division of the
112	112	emergency services district; and
113	113	(2) be accompanied by a map clearly showing the
114	114	boundaries of the new emergency services district.
115	115	Sec. 8489.257. TERMINATION OF AUTHORITY TO IMPOSE SALES AND
116	116	USE TAXES. The authority of the existing emergency services
117	117	district to impose sales and use taxes in the territory of the new
118	118	emergency services district ends on the first day of the first
119	119	calendar quarter after the comptroller receives a copy of the
120	120	division order and map required by Section 8489.256.
121	121	Sec. 8489.258. ADMINISTRATION OF EMERGENCY SERVICES
122	122	DISTRICT AFTER DIVISION. The board of the existing emergency
123	123	services district continues in existence to govern the territory of
124	124	the existing emergency services district after disannexation of the
125	125	land of the new emergency services district.
126	126	Sec. 8489.259. TAXATION FOR OUTSTANDING BONDED DEBT. (a)
127	127	The disannexation of territory from an emergency services district
128	128	under this subchapter does not diminish or impair the rights of
129	129	holders of any outstanding and unpaid bonds of the existing
130	130	emergency services district.
131	131	(b) Property disannexed under this subchapter is not
132	132	released from its pro rata share of any of the existing emergency
133	133	services district's bonded indebtedness on the date of the
134	134	disannexation and the existing emergency services district may
135	135	continue to tax property in the disannexed territory until that
136	136	debt is paid as if the territory had not been disannexed.
137	137	(c) After the date a petition is filed under Section
138	138	8489.253 to divide an emergency services district, the emergency
139	139	services district may not pledge ad valorem tax revenue or sales tax
140	140	revenue from the territory that is proposed in the petition to be
141	141	disannexed from the emergency services district unless the division
142	142	of the emergency services district fails to be approved at an
143	143	election under this subchapter.
144	144	SECTION 2. This Act takes effect immediately if it receives
145	145	a vote of two-thirds of all the members elected to each house, as
146	146	provided by Section 39, Article III, Texas Constitution. If this
147	147	Act does not receive the vote necessary for immediate effect, this
148	148	Act takes effect September 1, 2023.
149	149	______________________________ ______________________________
150	150	President of the Senate Speaker of the House
151	151	I hereby certify that S.B. No. 2370 passed the Senate on
152	152	May 9, 2023, by the following vote: Yeas 30, Nays 0,
153	153	one present not voting; and that the Senate concurred in House
154	154	amendment on May 26, 2023, by the following vote: Yeas 30, Nays 0,
155	155	one present not voting.
156	156	______________________________
157	157	Secretary of the Senate
158	158	I hereby certify that S.B. No. 2370 passed the House, with
159	159	amendment, on May 24, 2023, by the following vote: Yeas 119,
160	160	Nays 19, one present not voting.
161	161	______________________________
162	162	Chief Clerk of the House
163	163	Approved:
164	164	______________________________
165	165	Date
166	166	______________________________
167	167	Governor