Bill Text: TX HB1718 | 2011-2012 | 82nd Legislature | Introduced

Texas House Bill 1718 (Prior Session Legislation)

Introduced

Bill Title: Relating to consolidation of emergency services districts in certain counties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-03 - Referred to County Affairs [HB1718 Detail]

Download: Texas-2011-HB1718-Introduced.html

	82R7804 JXC-D

	By: Garza	H.B. No. 1718



	A BILL TO BE ENTITLED
	AN ACT
	relating to consolidation of emergency services districts in
	certain counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 775, Health and Safety Code, is amended
	by adding Subchapter L to read as follows:
	SUBCHAPTER L. CONSOLIDATION OF EMERGENCY SERVICES DISTRICTS
	IN CERTAIN COUNTIES
	Sec. 775.351. APPLICABILITY. This subchapter applies only
	to a county:
	(1) with a population of more than 1.5 million; and
	(2) that has in its boundaries 11 emergency services
	districts on January 1, 2011.
	Sec. 775.352. CONSOLIDATION OF EMERGENCY SERVICES
	DISTRICTS. (a) All districts located wholly in a county to which
	this subchapter applies shall consolidate into a single district
	according to this subchapter.
	(b) The boards of the districts shall adopt a joint order of
	consolidation that includes:
	(1) the name and territory of the consolidated
	district; and
	(2) the proposed date on which the former districts
	dissolve and the consolidated district is created and will start
	offering services, which may not be before the date the
	commissioners court declares the results of the election held under
	Section 775.353.
	Sec. 775.353. ELECTION OF INITIAL BOARD. (a) Before the
	former districts consolidate, the commissioners court shall order
	an election to elect seven initial emergency services commissioners
	at the next available uniform election date that allows sufficient
	time to comply with other requirements of law.
	(b) The commissioners court, at the time it orders the
	election, shall order creation of seven election precincts in the
	district and shall designate polling places in each precinct.
	(c) One emergency services commissioner is elected from
	each election precinct by the voters of that precinct.
	(d) Except as provided by Subsection (e), emergency
	services commissioners serve staggered two-year terms.
	(e) The initial emergency services commissioners shall
	stagger their terms, with a majority of the commissioners serving
	two years, and a minority of commissioners serving one year. If the
	initial commissioners cannot agree on the staggering, the
	commissioners shall draw lots to determine the commissioners who
	serve one-year terms.
	Sec. 775.354. CONVERSION OF APPOINTED BOARD TO ELECTED
	BOARD. An emergency services commissioner serving on the board of a
	district in a county to which this subchapter applies immediately
	before the date the joint order is adopted continues to carry out
	the board's functions until the new commissioners for the
	consolidated district are elected and qualified and the
	consolidated district is created.
	Sec. 775.355. ELECTION OF BOARD. (a) The governing body of
	a consolidated district created under this subchapter consists of a
	seven-person board of emergency services commissioners elected as
	prescribed by this section. Except as provided by Section 775.353,
	an emergency services commissioner serves a two-year term.
	(b) The election precincts created under Section 775.353
	shall remain the election precincts of the district until changed
	by an order of its board. One commissioner is elected from each
	election precinct by the voters of the precinct.
	(c) The general election for commissioners shall be held
	annually on a uniform election date provided by Chapter 41,
	Election Code.
	Sec. 775.356. TAXES FOR CONSOLIDATED DISTRICT. (a) The
	boards that adopt a joint order under Section 775.352 jointly shall
	set a maximum tax rate throughout the consolidated district at a
	rate that does not exceed the lowest maximum tax rate authorized for
	any of the former districts.
	(b) The board of the consolidated district may order an
	election under Section 775.0745 or 775.0752, as appropriate, to
	authorize the imposition of taxes throughout the consolidated
	district at a rate that exceeds the lowest maximum tax rate
	authorized for any of the former districts but does not exceed the
	maximum tax rate authorized by this chapter. If the board conducts
	an election under Section 775.0752, Section 775.0753 governs the
	effective date of the resulting tax rate.
	Sec. 775.357. EFFECT OF CONSOLIDATION. The consolidated
	district assumes all powers, rights, duties, assets, and
	liabilities of the former districts without a change in
	status. The consolidation does not diminish or impair the rights
	of the holders of any outstanding and unpaid bonds, warrants, or
	other obligations of the district.
	SECTION 2. In a county to which Subchapter L, Chapter 755,
	Health and Safety Code, as added by this Act, applies on the
	effective date of this Act:
	(1) the consolidation required by Section 775.352,
	Health and Safety Code, as added by this Act, must take place as
	soon as practicable after the date of an election held under Section
	775.353(a), Health and Safety Code, as added by this Act, and not
	later than August 31, 2013; and
	(2) the resulting consolidated district must be
	created and start offering services not later than September 1,
	2013.
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2011.