HBA-NLM H.B. 2981 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2981
By: Hamric
County Affairs
4/3/1999
Introduced



BACKGROUND AND PURPOSE 

An emergency services district is a special district established to provide
health and safety related services to persons and property within its
boundaries.  Such a district may be a single county district, whose board
is appointed  by the commissioners court, or a multi-county district, whose
board is elected by the voters within the district's boundaries.  The
purpose of this bill is to set forth certain provisions relating to
emergency services districts and to clarify provisions of the current
statutes.   

H.B. 2981 authorizes the district to levy and collect taxes on property in
territory annexed by a municipality and provide services to the residents
until the district's receipt of such municipality's written request to
disannex the territory.  This bill also authorizes the board of emergency
services commissioners (board), on the behalf of the district, to borrow
money and make other financial arrangements to purchase emergency services
equipment in the amount and subject to a rate of interest or other
conditions the board considers advisable.  In addition, this bill sets
forth the board's authority  to remove a commissioner if that commissioner
has missed one-half or more of the regular meetings scheduled during the 12
months prior to the vote for removal. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 775.012(b), Health and Safety Code, to provide
the format for the name of the district on a petition, including the
district number with the names of all the counties and the proper
consecutive number inserted. 

SECTION 2.  Amends Section 775.014(g), Health and Safety Code, to provide
that this section does not apply if any part of the proposed district is
located within the unincorporated area of a ceratin county.  Makes
nonsubstantive changes. 

SECTION 3.  Amends Section 775.018(b), Health and Safety Code, to delete
the exception in regard to whether the petition seeks conversion of a rural
fire prevention district into an emergency services district. 

SECTION 4.  Amends Sections 775.022(a) and (c), Health and Safety Code, to
require the board of emergency services commissioners (board) to disannex
the specified territory on written request of the municipality.  Authorizes
the district to levy and collect taxes on property in the territory and
provide services to the residents until the district's receipt of such
municipality's written request to disannex the territory.  Requires the
municipality to compensate the district in an amount equal to the annexed
territory's pro rata share of the district's bonded and other indebtedness.
Requires the district to apply compensation received from a municipality to
the annexed territory's pro rata share of the district's bonded and other
indebtedness. 

SECTION 5.  Amends Section 775.031(a), Health and Safety Code, to authorize
a district to borrow money, subject to Section 775.071 (Limitation on
Indebtedness).  Prohibits a certain district from  providing fire
prevention or fire-fighting services unless the district was originally a
rural fire prevention district and was converted under Section 794.100
(Conversion Authorized), rather than Section 775.056 (repealed). 

SECTION 6.  Amends Section 775.034, Health and Safety Code, by amending
Subsection (c) and by adding Subsection (e), as follows: 

(c)  Requires the commissioners court to appoint a successor, or reappoint
the incumbent emergency services commissioner, on January 1 of each year. 

(e)  Authorizes a board by unanimous vote of all its remaining members to
remove a commissioner if that commissioner has missed one-half or more of
the regular meetings scheduled during the 12 months prior to the vote for
removal. Authorizes any commissioner so removed to file a written appeal
with the commissioners court within 30 days after receiving written notice
of the board action. Authorizes the commissioners court to reinstate a
remove commissioner if the commissioners court finds that the removal was
unwarranted under specified circumstances. 

SECTION 7.  Amends Section 775.035, Health and Safety Code, by amending
Subsection (a)-(h) and by adding Subsection (e), as follows: 

(a)  Makes a conforming change.

(b)  Redesignated from existing Subsection (c).  Provides that a person
must be at least 18 years of age and a resident of the district to be
eligible to be a candidate for emergency services commissioner of a
district located in more than one county. 

(c)  Requires the election of the initial emergency services commissioners
to be conducted in the manner set forth by this subsection.  

(d)  Redesignated from existing Subsection (h).  Requires the general
election for commissioner to be held in the manner provided,  following
election of the initial emergency services commissioners.  Provides that in
the event an election date other than the November uniform election date is
adopted by the board, such an act shall not have the effect of shortening
the term of any commissioner.  Authorizes a district to extend the terms of
commissioners to continue until the election date established under this
section if conducive to the establishment of such election date, and their
successor has been elected and qualified. 

(e)  Authorizes a board by unanimous vote of all its remaining members to
remove a commissioner if that commissioner has missed one-half or more of
the regular meetings scheduled during the 12 months prior to the vote for
removal.  Authorizes any commissioner so removed to file a  written appeal
with the commissioners court of the county of residency of the removed
commissioner within 30 days after receiving written notice of the board
action.  Authorizes the commissioners court to reinstate a removed
commissioner if the commissioners court finds that the removal was
unwarranted under specified circumstances. 

SECTION 8.  Amends Section 775.036, Health and Safety Code, by adding
Subsection (a)(6), to provide that a meeting of a committee of the board as
described by this subdivision, is not subject to the provisions of the open
meetings law, Chapter 551 (Open Meetings), Government Code. 

SECTION 9.  Amends Section 775.040, Health and Safety Code, to authorize an
emergency services provider operating under a contract with a district to
charge a reasonable fee for emergency services performed for or on behalf
of a person or entity, if authorized by the district or provided in the
contract. 

SECTION 10.  Amends Section 775.071, Health and Safety Code, by amending
Subsection (a) and by adding Subsections (b)-(d), as follows: 

(a)  Includes Subsection (b) among the exceptions to this subsection.
Makes nonsubstantive  changes. 

(b)  Authorizes the board, on the behalf of the district, to borrow money
and make other financial arrangements to purchase emergency services
equipment in the amount and subject to a rate of interest or other
conditions the board considers advisable. 

(c)  Authorizes the board to pledge certain tax revenue or equipment to
secure a loan under this section. 

(d)  Provides that the loan must mature not later than the fifth
anniversary of the date the loan is made, if tax revenues are pledged to
pay a loan.  

SECTION 11.  Amends Section 775.0741, Health and Safety Code, by deleting
existing Subsections (a) and (e) relating to the required preparation of an
annual budget and the requirement that the funds collected be deposited in
a county depository. 

(a)  Redesignated from existing Subsection (b).  Requires the board, rather
than the commissioners court, to annually impose an ad valorem tax on
certain properties. 

(b)  Redesignated from existing Subsection (c). Makes a conforming change.

(c)  Makes a conforming changes.

SECTION 12.  Amends Section 775.083, Health and Safety Code, as follows:

Section 775.083.  New title:  ANNUAL REPORT; NOTICE OF ADMINISTRATIVE
OFFICE.  Requires the district to publish notice, in the manner and at such
time provided, setting forth the street address of the district's
administrative office. 

SECTION 13.  Emergency clause.
  Effective date: upon passage.