| 1 | 1 | | 89R10443 MCF-F |
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| 2 | 2 | | By: Bell of Montgomery H.B. No. 3897 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to territory in an emergency services district that is |
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| 10 | 10 | | annexed by a municipality. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 775.022, Health and Safety Code, is |
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| 13 | 13 | | amended by amending Subsection (a) and adding Subsection (a-1) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (a) If a municipality completes all other procedures |
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| 16 | 16 | | necessary to annex territory in a district, including the |
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| 17 | 17 | | preparation of a service plan if required by Section 43.056, Local |
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| 18 | 18 | | Government Code, [and if] the municipality intends to remove the |
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| 19 | 19 | | territory from the district, and the municipality is capable at the |
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| 20 | 20 | | time of the removal of being [be] the sole provider of emergency |
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| 21 | 21 | | services to the territory by the use of municipal personnel or by |
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| 22 | 22 | | some method other than by use of the district, the municipality |
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| 23 | 23 | | shall send written notice of those facts, and the completed service |
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| 24 | 24 | | plan, if applicable, to the board not later than the 30th day after |
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| 25 | 25 | | completing the necessary procedures. The municipality must send |
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| 26 | 26 | | the notice to the secretary of the board by certified mail, return |
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| 27 | 27 | | receipt requested. The territory remains part of the district and |
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| 28 | 28 | | does not become part of the municipality until the secretary of the |
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| 29 | 29 | | board receives the notice and the board by resolution disannexes |
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| 30 | 30 | | the territory from the district. If the board determines that the |
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| 31 | 31 | | municipal services planned to be provided in the territory will not |
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| 32 | 32 | | meet or exceed the level of service provided by the district in the |
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| 33 | 33 | | territory, the board shall adopt that determination in a resolution |
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| 34 | 34 | | and may not by resolution disannex the territory from the district. |
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| 35 | 35 | | If the board determines that municipal services planned to be |
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| 36 | 36 | | provided in the territory will meet or exceed the level of service |
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| 37 | 37 | | provided by the district in the territory at the time of |
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| 38 | 38 | | disannexation [On receipt of the notice], the board shall by |
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| 39 | 39 | | resolution disannex the territory from the district, notify the |
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| 40 | 40 | | appraisal district to [immediately] change its records to show that |
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| 41 | 41 | | the territory has been disannexed from the district, and [shall] |
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| 42 | 42 | | cease to provide further services to the residents of that |
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| 43 | 43 | | territory. This subsection does not require a municipality to |
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| 44 | 44 | | remove from a district territory the municipality has annexed. For |
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| 45 | 45 | | the purposes of this subsection, "level of service" for fire and |
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| 46 | 46 | | emergency medical protection means the location, deployment, and |
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| 47 | 47 | | response time of fire suppression or medical resources originally |
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| 48 | 48 | | dispatched to a structural or wildland fire or emergency medical |
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| 49 | 49 | | incident. |
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| 50 | 50 | | (a-1) A board is considered to have approved a disannexation |
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| 51 | 51 | | of territory under Subsection (a) if the board fails to provide to |
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| 52 | 52 | | the municipality a resolution disapproving or approving the |
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| 53 | 53 | | disannexation before the 30th day after the date the board receives |
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| 54 | 54 | | the notice under Subsection (a) from the municipality. |
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| 55 | 55 | | SECTION 2. This Act takes effect September 1, 2025. |
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