HBA-CMT C.S.H.B. 3191 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3191
By: Puente
County Affairs
4/1/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The City of San Antonio is concerned about the implications to its
annexation policy if emergency service districts (district) are created
within the city's extraterritorial jurisdiction (ETJ).  Current law
requires a municipality that annexes a portion of a district to compensate
the district in the amount equal to the annexed territory's pro rata share
of the district's indebtedness at the time the territory is annexed.
C.S.H.B. 3191 provides a municipality the ability to negotiate conditions
for including territory in its ETJ in a district.  

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. 

ANALYSIS

C.S.H.B. 3191 amends the Health and Safety Code to require a petition for
the creation of an emergency services district (district) to  show the name
of each municipality whose consent must be obtained.  The bill provides
that before a district  that contains territory in a municipality's limits
or extraterritorial jurisdiction is authorized to be created, a written
request to be included in the district must be presented to the
municipality's governing body after a petition is filed.  A request
submitted under the provisions of the bill must include a copy of the
petition and a sufficient legal description of the portion of the
municipality and its extraterritorial jurisdiction that would be included
in the district territory.  The bill provides that in a county with a
population of less than 1.4 million, the governing body of a municipality
with a population of more than one million is authorized to negotiate with
the commissioners court of the county the conditions under which its
consent to the inclusion of its extraterritorial jurisdiction in the
district is granted.  The bill provides that negotiated conditions are
authorized to limit the district's ability to incur debt, require the
district to ensure that its equipment is compatible with the
municipality's, and require the district to enter mutual aid agreements.
The bill provides that the commissioners court has exclusive jurisdiction
to determine any matters negotiated with a consenting municipality.  If
after a hearing to consider the petition, the commissioners court finds
that the creation of a district is feasible and will promote the public
safety, welfare, health, and convenience of persons residing in the
proposed district, the commissioners court is required to impose any
conditions negotiated pursuant to the aformentioned negotiation provisions.

The bill prohibits a district from including territory in a municipality's
limits or extraterritorial jurisdiction unless a majority of the voters
residing in that territory vote in favor of creating the district subject
to any conditions negotiated.  Any conditions that were negotiated and not
included on the ballot must be included in the commissioners court order
creating the district.   

EFFECTIVE DATE

September 1, 2001.


 
COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3191 modifies the original bill by adding that in a county with a
population of less than 1.4 million, the governing body of a  municipality
with a population of more than one million is authorized to negotiate with
the commissioner court of the county the conditions for the inclusion of
its extraterritorial jurisdiction in the district.  The substitute
conforms to Texas Legislative Council style and format.