HBA-DMD, NIK H.B. 1984 76(R)BILL ANALYSIS
Office of House Bill AnalysisH.B. 1984
By: Bosse
Public Safety
7/30/1999
Enrolled
BACKGROUND AND PURPOSE
Emergency communication districts are authorized under Chapter 772 (Local
Administration of Emergency Communications), Health and Safety Code, to
permit Texas counties to create special districts to collect
state-authorized fees on telephone service and provide 9-1-1 emergency
communications. Today, 24 districts provide service to 29 counties. These
districts are overseen by independent governing boards that exist only to
provide 9-1-1 service, but they are not overseen by the Advisory Commission
on State Emergency Communications, which manages the state's 9-1-1 system.
Districts do not receive funding from the state's emergency services fee,
but are eligible to receive equalization grants from the state's surcharge
on intra-state long distance calls. H.B. 1984 permits emergency
communication districts to consolidate voluntarily.
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 771.001(3), Health and Safety Code, to make
conforming changes.
SECTION 2. Amends Sections 772.309(b), (c), and (d), Health and Safety
Code, as follows:
(b) Requires the board of managers of a district (board) to submit a draft
of the proposed budget to the governing bodies of the participating
jurisdictions no later than 45 days before the board adopts the budget.
Requires the participating jurisdictions to review the proposed budget and
submit any comments regarding the budget to the board.
(c) Provides that if the governing body of a county, municipality, or other
participating jurisdiction does not approve or disapprove the budget before
the 61st day after the date the body received the proposed budget for
review, the budget is approved by operation of law.
(d) Redesignated from Subsection (b).
(e) Redesignated from Subsection (c).
(f) Redesignated from Subsection (d).
SECTION 3. Amends Chapter 772, Health and Safety Code, by adding
Subchapter F, as follows:
SUBCHAPTER F. CONSOLIDATED DISTRICTS
Sec. 772.451. CONSOLIDATION PROCEDURE. (a) Authorizes two or more
districts governed by this chapter to consolidate into a single emergency
communication district (district).
(b) Authorizes the board of managers (board) to call and hold an election
in the district's participating jurisdictions to approve consolidation, if
the board of each district to be consolidated finds that the consolidation
would benefit the participating jurisdictions of the district.
(c) Provides that the election in each district must be held on the same
uniform election date provided by Chapter 41 (Election Dates and Hours for
Voting), Election Code.
(d) Requires each district to pay the election expenses for its
participating jurisdictions.
(e) Provides that the ballot for the election to approve the consolidation
must be printed to permit voting for or against the proposition that the
district may consolidate with other named districts.
Sec. 772.452. CONSOLIDATION PLANNING. (a) Requires that the board of the
district conduct a planning meeting with the boards of other districts
whose voters have approved the consolidation, if a majority of the voters
voting at the election approve the consolidation.
(b) Provides that the meeting must be a public meeting. Requires the
boards at the meeting to devise a consolidation plan to combine the debts
and assets of the districts; pay outstanding bonds of the districts and
issue refunding bonds as necessary to pay the bonds; impose a uniform 9-1-1
emergency service fee; and adjust the membership and qualifications of the
board of the consolidated district.
(c) Prohibits the creation of a consolidated district, if it is not
created under Section 772.453 before the first anniversary of the date of
the election held under Section 772.451, until the districts make another
finding that the consolidation would benefit the participating
jurisdiction; and the consolidation is approved at another election held
under Section 772.451.
Sec. 772.453. CREATION OF CONSOLIDATED DISTRICT. (a) Requires the
combined boards to declare the consolidated district created when the board
of each district has adopted the same consolidation plan. Authorizes the
remaining districts to consolidate on the terms of a mutually agreeable
consolidation plan if the board of a district does not agree to a
consolidation plan.
Sec. 772.454. BOARD OF MANAGERS. (a) Provides that the consolidated
district is governed by a board appointed in accordance with the order
issued by the temporary board under Subsection (b). Provides that the
members of the boards of all the districts consolidated serve as a
temporary board until all members of the initial board are appointed and
qualify. Provides that the temporary board has all the authority necessary
to operate and administer the district.
(b) Requires the temporary board, by order, to adjust the membership of
the board before the 45th day after the date the district is created.
Provides that the order must be substantially in accordance with the
consolidation plan and sets forth the specifications to be included in the
order.
(c) Provides that the order issued under Subsection (b) must preserve, as
nearly as possible, the proportional representation of interests exhibited
by the membership of the boards of the several districts before
consolidation.
Sec. 772.455. GOVERNANCE OF CONSOLIDATED DISTRICT. Provides that the
consolidated district and its board are governed by the provisions of this
chapter that governed the most populous of the districts before the
consolidation, except as provided by this subchapter.
SECTION 4. Emergency clause.
Effective date: upon passage.