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.