Bill Text: TX HB4473 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the separation of services provided by an emergency services district.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-26 - Referred to County Affairs [HB4473 Detail]

Download: Texas-2019-HB4473-Introduced.html
 
 
  By: Bohac H.B. No. 4473
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the separation of services provided by an emergency
  services district.
         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 Sections 775.0206 and 775.0207 to read as
  follows:
         Sec. 775.0206.  SEPARATION OF DISTRICT SERVICES.  (a)  A
  district created to perform both fire prevention and emergency
  medical services may separate into two completely overlapping
  districts as provided by this section. Before separation, the
  board of the original district must:
               (1)  determine that separation would allow the
  resulting districts to provide services more economically and
  efficiently; and
               (2)  adopt an order of separation that includes:
                     (A)  the names of the two resulting districts;
                     (B)  the services to be provided by each district;
                     (C)  the proposed date on which the original
  district will cease to provide one service and the newly created
  district will begin to provide that service; and
                     (D)  a statement that the original district will
  be separated into two completely overlapping districts only if a
  majority of the residents of the original district approve the
  separation in an election held for that purpose.
         (a-1)  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.
         (b)  An election to separate district services shall be held
  on a uniform election date as described by Section 775.018(e).
         (c)  No public hearing is required prior to ordering an
  election to separate district services.
         (d)  Commissioners serving on the board of the original
  district shall serve out their terms according to Section 775.034,
  775.0341, 775.0345, or 775.035, as applicable.
         (e)  For a newly created district to which Section 775.034 or
  775.0341 applies, the board of the original district shall appoint
  the initial board of the newly created district. The appointed
  commissioners will serve until December 31 of the year the new
  district is created. The commissioners court shall then appoint
  commissioners for a full term under Section 775.034 or 775.0341, as
  applicable.
         (f)  For a newly created district to which Section 775.0345
  or 775.035 applies, the board of the original district shall
  appoint the initial board of the newly created district.  The
  appointed commissioners will serve until the next election date of
  the commissioners of the original district.  The board of the
  original district shall hold an election for both the board of the
  original district and the board of the new district on the election
  date of the original district's commissioners according to the
  requirements of Section 775.0345 or 775.035, as applicable. The
  five commissioner positions on each board shall be filled at the
  election held by the original district. For each board, the three
  elected commissioners receiving the most votes will serve four-year
  terms and the two elected commissioners receiving the fewest votes
  will serve two-year terms. After the initial election, each
  district shall separately hold an election on the dates and in the
  manner described by Section 775.0345 or 775.035, as applicable.
         (g)  Within two years after the election held to separate the
  district under this section, the boards of the two districts may
  transfer any real or personal property or any indebtedness between
  the districts to promote the delivery of services provided by each
  district.
         (h)  If any bonded debt was held by the original district
  before the election held under this section, the newly created
  district shall annually pay to the original district an amount
  equal to one-half of the original district's annual debt
  obligations.
         (i)  Districts resulting from a separation under this
  section shall comply with Section 775.020 or 775.0205, as
  appropriate.
         Sec. 775.0207.  TAXES FOR SEPARATED DISTRICTS. For the first
  tax year after separation, the effective tax rate and rollback tax
  rate, as those terms are defined by Section 26.04, Tax Code, of each
  resulting district shall be calculated based on the most recently
  adopted tax rate of the original district.  For each subsequent tax
  year, the rates shall be calculated based on the
  tax rate adopted in
  the prior year by the board of each district according to the
  requirements of the Tax Code.
         SECTION 2.  This Act takes effect September 1, 2019.
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