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 - Dead) 2019-03-26 - Referred to County Affairs [HB4473 Detail]
Download: Texas-2019-HB4473-Introduced.html
By: Bohac | H.B. No. 4473 |
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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. |