Bill Text: TX SB2370 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the division of certain emergency services districts.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-18 - Effective immediately [SB2370 Detail]
Download: Texas-2023-SB2370-Comm_Sub.html
Bill Title: Relating to the division of certain emergency services districts.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-18 - Effective immediately [SB2370 Detail]
Download: Texas-2023-SB2370-Comm_Sub.html
88R29837 ANG/MCF-F | ||
By: Campbell | S.B. No. 2370 | |
(Kuempel) | ||
Substitute the following for S.B. No. 2370: No. |
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relating to the division of certain emergency services districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 8489, Special District Local Laws Code, | ||
is amended by adding Subchapter F to read as follows: | ||
SUBCHAPTER F. DIVISION OF EMERGENCY SERVICES DISTRICT THAT OVERLAPS | ||
WITH THE DISTRICT | ||
Sec. 8489.251. DEFINITION. In this subchapter, | ||
"improvement district" means the Comal County Water Improvement | ||
District No. 3. | ||
Sec. 8489.252. AUTHORITY TO DIVIDE DISTRICT. A county in | ||
which the improvement district is located may by order divide an | ||
emergency services district located in whole or in part in the | ||
improvement district and wholly in the county in the manner | ||
provided by this subchapter. | ||
Sec. 8489.253. PETITION FOR DIVISION; NOTICE OF HEARING. | ||
(a) Before an emergency services district may be divided under this | ||
subchapter, the county judge must receive a petition for division | ||
signed by at least 60 percent of the qualified voters of the | ||
improvement district. | ||
(b) A petition for division must include: | ||
(1) the name of the new emergency services district to | ||
be created; and | ||
(2) a description of the proposed territory of the new | ||
emergency services district. | ||
(c) The petition may include an agreement with a neighboring | ||
municipality to allow the municipality to provide fire and | ||
emergency medical services through the new emergency services | ||
district. | ||
(d) Not later than the 30th day after the date the county | ||
judge receives a petition under this section, the commissioners | ||
court of the county shall set a place, date, and time for a hearing | ||
to consider the petition. The commissioners court shall issue a | ||
notice of the hearing that includes: | ||
(1) the name of the proposed emergency services | ||
district; | ||
(2) a description of the proposed emergency services | ||
district's boundaries; and | ||
(3) the place, date, and time of the hearing on the | ||
petition. | ||
(e) A commissioners court of a county that issues notice of | ||
a hearing under Subsection (d) shall publish the notice in a | ||
newspaper of general circulation in the improvement district once a | ||
week for two consecutive weeks. The first publication must occur | ||
not later than the 21st day before the date on which the hearing | ||
will be held. | ||
Sec. 8489.254. HEARING ON DIVISION OF EMERGENCY SERVICES | ||
DISTRICT. (a) At a hearing on a petition for the division of an | ||
emergency services district under this subchapter, the | ||
commissioners court shall consider the petition and each issue | ||
relating to the division of the emergency services district. | ||
(b) Any interested person may appear before the | ||
commissioners court to support or oppose the division. | ||
(c) The commissioners court shall approve the petition not | ||
later than the 10th day after the date of the hearing if the | ||
commissioners court finds that: | ||
(1) the petition contains the number of signatures | ||
required under Section 8489.253; and | ||
(2) the proposed division is feasible. | ||
(d) The commissioners court shall consider any agreement | ||
described by Section 8489.253(c) submitted with the petition as | ||
evidence that the division of the emergency services district is | ||
feasible under Subsection (c) of this section. | ||
Sec. 8489.255. ELECTION TO CONFIRM DIVISION. (a) If a | ||
commissioners court of a county approves a petition under Section | ||
8489.254 to divide an emergency services district, the | ||
commissioners court shall order an election to be held in the | ||
territory of the proposed new emergency services district to: | ||
(1) confirm the division of the existing emergency | ||
services district; and | ||
(2) authorize the imposition of a tax in the territory | ||
of the new emergency services district not to exceed the rate | ||
allowed by Section 48-e, Article III, Texas Constitution. | ||
(b) Notice of the election shall be given in the same manner | ||
as the notice of a hearing under Section 8489.253. | ||
(c) The election shall be held on the first authorized | ||
uniform election date prescribed by the Election Code that allows | ||
sufficient time to comply with the requirements of law. | ||
(d) The ballot shall be printed to provide for voting for or | ||
against the proposition: "Dividing the (insert name of emergency | ||
services district) to create a new emergency services district and | ||
authorizing the imposition of a tax." | ||
(e) If a majority of the voters voting at the election vote | ||
to divide the emergency services district, the commissioners court | ||
by order shall divide the emergency services district. | ||
(f) The existing emergency services district and new | ||
emergency services district each shall pay a pro rata share of the | ||
cost of an election held under this section, based on the assessed | ||
value of real property in each emergency services district subject | ||
to ad valorem taxation. | ||
Sec. 8489.256. DIVISION ORDER. (a) A county order dividing | ||
an emergency services district under this subchapter must: | ||
(1) require the existing emergency services district | ||
to disannex the land of the new emergency services district; | ||
(2) create the new emergency services district in | ||
accordance with Chapter 775, Health and Safety Code; | ||
(3) name the new emergency services district; | ||
(4) include the metes and bounds description of the | ||
territories of the new emergency services district and the existing | ||
emergency services district after disannexation; and | ||
(5) appoint the board of the new emergency services | ||
district in the manner described by Section 775.034, Health and | ||
Safety Code. | ||
(b) The county judge shall send to the comptroller by | ||
certified or registered United States Mail a certified copy of a | ||
county order dividing an emergency services district under this | ||
subchapter. The certified copy must: | ||
(1) include the effective date of the division of the | ||
emergency services district; and | ||
(2) be accompanied by a map clearly showing the | ||
boundaries of the new emergency services district. | ||
Sec. 8489.257. TERMINATION OF AUTHORITY TO IMPOSE SALES AND | ||
USE TAXES. The authority of the existing emergency services | ||
district to impose sales and use taxes in the territory of the new | ||
emergency services district ends on the first day of the first | ||
calendar quarter after the comptroller receives a copy of the | ||
division order and map required by Section 8489.256. | ||
Sec. 8489.258. ADMINISTRATION OF EMERGENCY SERVICES | ||
DISTRICT AFTER DIVISION. The board of the existing emergency | ||
services district continues in existence to govern the territory of | ||
the existing emergency services district after disannexation of the | ||
land of the new emergency services district. | ||
Sec. 8489.259. TAXATION FOR OUTSTANDING BONDED DEBT. (a) | ||
The disannexation of territory from an emergency services district | ||
under this subchapter does not diminish or impair the rights of | ||
holders of any outstanding and unpaid bonds of the existing | ||
emergency services district. | ||
(b) Property disannexed under this subchapter is not | ||
released from its pro rata share of any of the existing emergency | ||
services district's bonded indebtedness on the date of the | ||
disannexation and the existing emergency services district may | ||
continue to tax property in the disannexed territory until that | ||
debt is paid as if the territory had not been disannexed. | ||
(c) After the date a petition is filed under Section | ||
8489.253 to divide an emergency services district, the emergency | ||
services district may not pledge ad valorem tax revenue or sales tax | ||
revenue from the territory that is proposed in the petition to be | ||
disannexed from the emergency services district unless the division | ||
of the emergency services district fails to be approved at an | ||
election under this subchapter. | ||
SECTION 2. 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, 2023. |