Bill Text: TX SB1579 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the creation of certain emergency services districts.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-17 - Postponed 6/1/19 10:00 AM [SB1579 Detail]
Download: Texas-2019-SB1579-Comm_Sub.html
| By: Alvarado | S.B. No. 1579 | |
| (Bohac) | ||
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| relating to the creation of certain emergency services districts. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 775, Health and Safety | ||
| Code, is amended by adding Section 775.0206 to read as follows: | ||
| Sec. 775.0206. SEPARATION OF DISTRICT SERVICES; | ||
| ALTERNATIVE CREATION PROCEDURE. (a) This section applies only to | ||
| a district located in a county with a population of more than 3.3 | ||
| million. | ||
| (b) Notwithstanding the procedures required by this | ||
| subchapter, the board of a district may create another district | ||
| under this section if: | ||
| (1) the board determines that the creation would | ||
| enable the services currently provided by the creating district to | ||
| be provided in a more economical and efficient manner by the | ||
| creating district and the other district; and | ||
| (2) the boundaries of the other district are identical | ||
| to the boundaries of the creating district. | ||
| (c) To create the other district, the board of the creating | ||
| district must adopt an order creating the other district that: | ||
| (1) names the other district and, if considered | ||
| reasonable by the board of the creating district, renames the | ||
| creating district; and | ||
| (2) describes the services to be provided by the | ||
| creating district and the other district, including: | ||
| (A) a statement that specifies the services each | ||
| district will provide; and | ||
| (B) the proposed date on which the creating | ||
| district will cease to provide a service and the other district will | ||
| begin to provide that service. | ||
| (d) The order may not provide for the creating district and | ||
| the other district to provide the same service. | ||
| (e) The board of the creating district must hold an election | ||
| under Section 775.018 to confirm the other district's creation and | ||
| authorize the imposition of a tax by the other district. The | ||
| creation of the other district is confirmed only if a majority of | ||
| voters voting in the election approve the creation of the other | ||
| district and the imposition of the tax by the other district. | ||
| (f) Subject to Section 4.003, Election Code, the notice of | ||
| the election to separate district services shall be given in the | ||
| same manner as the notice of a petition hearing under Section | ||
| 775.015. | ||
| (g) An election to create a district under this section must | ||
| be held on a uniform election date as described by Section | ||
| 775.018(e). | ||
| (h) Except as provided by Subsection (i), the board of the | ||
| creating district shall appoint the initial board of the other | ||
| district. The appointed commissioners serve until December 31 of | ||
| the year the other district is created. On the expiration of the | ||
| terms of the initial commissioners, the commissioners court or | ||
| commissioners courts shall appoint commissioners for a full term | ||
| under Section 775.034 or 775.0341, as applicable. | ||
| (i) If Section 775.0345 or 775.035 applies to a district | ||
| created under this section, the board of the creating district | ||
| shall appoint the initial board of the other district. The | ||
| appointed commissioners serve until the next election date of the | ||
| commissioners of the creating district. The board of the creating | ||
| district shall hold an election for both the board of the creating | ||
| district and the board of the other district under Section 775.0345 | ||
| or 775.035, as applicable. The five commissioner positions on each | ||
| board shall be filled at the election held by the creating district. | ||
| For each board, the three elected commissioners receiving the most | ||
| votes serve four-year terms and the two remaining elected | ||
| commissioners serve two-year terms. After the initial election, | ||
| each district shall hold separately an election on the dates and in | ||
| the manner described by Section 775.0345 or 775.035, as applicable. | ||
| (j) To promote the economical and efficient delivery of | ||
| services provided by a creating district and a district created | ||
| under this section, the creating district may convey assets and | ||
| transfer indebtedness, other than bonded indebtedness, to the other | ||
| district. | ||
| (k) If a creating district has bonded indebtedness at the | ||
| time the district's board creates a district under this section, a | ||
| district created under this section shall pay to the creating | ||
| district annually an amount equal to one-half of the amount | ||
| required to service the bonded indebtedness in that year. | ||
| (l) Overlapping districts resulting from the creation of a | ||
| district under this section shall comply with Section 775.020 or | ||
| 775.0205, as applicable. | ||
| SECTION 2. This Act takes effect September 1, 2019. | ||
