Bill Text: TX HB1843 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the expansion of the territory of an emergency services district into the territory of a municipality.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-04-22 - Committee report sent to Calendars [HB1843 Detail]

Download: Texas-2019-HB1843-Introduced.html
  86R6082 JXC-D
 
  By: Thompson of Brazoria H.B. No. 1843
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the expansion of the territory of an emergency services
  district into the territory of a municipality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 775.051(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Qualified voters who own taxable real property in a
  defined territory that is not included in a district may file a
  petition with the secretary of the board requesting the inclusion
  of the territory in the district. The petition must:
               (1)  be signed by at least 50 qualified voters who own
  taxable real property in the territory or a majority of those
  voters, whichever is less; and
               (2)  show the name of each municipality whose consent
  must be obtained under Section 775.0515.
         SECTION 2.  Subchapter D, Chapter 775, Health and Safety
  Code, is amended by adding Section 775.0515 to read as follows:
         Sec. 775.0515.  EXPANSION OF DISTRICT THAT INCLUDES
  MUNICIPAL TERRITORY. (a) Before territory in a municipality's
  limits or extraterritorial jurisdiction may be annexed into a
  district under Section 775.051, a written request to be annexed
  into the district must be presented to the municipality's governing
  body after the petition is filed under Section 775.051. Except as
  provided by Subsection (c), that territory may not be annexed into
  the district unless the municipality's governing body gives its
  written consent on or before the 60th day after the date the
  municipality receives the request.
         (b)  If the municipality's governing body does not consent to
  annexation within the 60-day period prescribed by Subsection (a), a
  majority of the qualified voters and the owners of at least 50
  percent of the territory in the municipality's limits or
  extraterritorial jurisdiction that would have been annexed into the
  district may petition the governing body to make fire control and
  emergency medical and ambulance services available in the
  territory. The petition must be submitted to the governing body not
  later than the 90th day after the date the municipality receives the
  request under Subsection (a).
         (c)  If the municipality's governing body refuses or fails to
  act on the petition requesting fire control and emergency medical
  and ambulance services within six months after the date on which the
  petition submitted under Subsection (b) is received, the governing
  body's refusal or failure to act constitutes consent for the
  territory that is the subject of the petition to be annexed into the
  district.
         (d)  If the territory proposed to be annexed into the
  district will include territory designated by a municipality as an
  industrial district under Section 42.044, Local Government Code,
  consent to include the industrial district must be obtained from
  the municipality's governing body in the same manner provided by
  this section for obtaining consent to annex territory within the
  limits or extraterritorial jurisdiction of a municipality.
         (e)  If the municipality's governing body consents to
  annexation of territory within its limits or extraterritorial
  jurisdiction, or in an industrial district, the territory may be
  annexed into the district in the same manner as other territory is
  annexed under this chapter.
         (f)  A governing body's consent to annex territory into the
  district expires six months after the date the consent is given.
         (g)  This section does not apply if territory proposed to be
  annexed into the district is in the unincorporated area of a county
  with a population of 3.3 million or more.
         SECTION 3.  The changes in law made by this Act apply only to
  a petition for the expansion of an emergency services district
  filed with the board of the emergency services district on or after
  the effective date of this Act. A petition pending before the board
  of an emergency services district on the effective date of this Act
  is governed by the law in effect at the time the petition was filed,
  and that law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2019.
feedback