reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter B. Creation of District › Section 775.011. Petition for Creation of District Located Wholly in One County

Sec. 775.011.  PETITION FOR CREATION OF DISTRICT LOCATED WHOLLY IN ONE COUNTY.  (a)  Before a district located wholly in one county may be created, the county judge of that county must receive a petition signed by at least 100 qualified voters who own taxable real property in the proposed district.  If there are fewer than 100 of those voters, the petition must be signed by a majority of those voters.
(b)  The name of the district proposed by the petition must be "____________ County Emergency Services District No. __________," with the name of the county and the proper consecutive number inserted.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter B. Creation of District › Section 775.012. Petition for Creation of District Located in More Than One County

Sec. 775.012.  PETITION FOR CREATION OF DISTRICT LOCATED IN MORE THAN ONE COUNTY.  (a)  Before a district that contains territory located in more than one county may be created, the county judge of each county in which the proposed district will be located must receive a petition signed by at least 100 qualified voters who own taxable real property that is located in the county in which that judge presides and in the proposed district.  If there are fewer than 100 of those voters, the petition must be signed by a majority of those voters.
(b)  The name of the district proposed by the petition must be "__________ Emergency Services District No. __________." The name of each county must be inserted in the first blank, and the next available district number must be inserted into the second blank.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 496, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter B. Creation of District › Section 775.013. Contents of Petition

Sec. 775.013.  CONTENTS OF PETITION.  (a)  The petition prescribed by Section 775.011 or 775.012 must show:
(1)  that the district is to be created and is to operate under Article III, Section 48-e, Texas Constitution, and Chapter 775;
(2)  the name of the proposed district;
(3)  the proposed district's boundaries as designated by metes and bounds or other sufficient legal description;
(4)  the services that the proposed district will provide;
(5)  that the creation of the proposed district complies with Sections 775.020 and 775.0205;
(6)  the mailing address of each petitioner;  and
(7)  the name of each municipality whose consent must be obtained under Section 775.014.
(a-1)  A statement that the boundaries of the district are coextensive with the boundaries of another political subdivision, as those boundaries exist on a particular date, is a sufficient legal description for purposes of Subsection (a)(3).
(b)  The petition must contain an agreement signed by at least two petitioners that obligates them to pay not more than $150 of the costs incident to the formation of the district, including the costs of publishing notices, election costs, and other necessary and incidental expenses.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1333, Sec. 1, eff. June 16, 2001;  Acts 2001, 77th Leg., ch. 886, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 235, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 930, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 10.009, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 87 (S.B. 718), Sec. 1, eff. May 17, 2005.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter B. Creation of District › Section 775.015. Filing of Petition and Notice of Hearing

Sec. 775.015.  FILING OF PETITION AND NOTICE OF HEARING.  (a)  If the petition is in proper form, the county judge may receive the petition and shall file the petition with the county clerk.
(b)  At the next regular or special session of the commissioners court held after the petition is filed with the county clerk, the commissioners court shall set a place, date, and time for the hearing to consider the petition.
(c)  The county clerk shall give notice of the hearing.  The notice must state:
(1)  that creation of a district is proposed;
(2)  that the district is to be created and is to operate under Article III, Section 48-e, of the Texas Constitution, as proposed by S.J.R. No. 27, Acts of the 70th Legislature, Regular Session, 1987, and adopted by the voters at an election held November 3, 1987;
(3)  the name of the proposed district;
(4)  the district's boundaries as stated in the petition;
(5)  the place, date, and time of the hearing;  and
(6)  that each person who has an interest in the creation of the district may attend the hearing and present grounds for or against creation of the district.
(d)  The county clerk shall retain a copy of the notice and shall deliver sufficient copies of the notice to the sheriff for posting and publication as prescribed by Subsection (e).
(e)  Not later than the 21st day before the date on which the hearing will be held, the sheriff shall post one copy of the notice at the courthouse door.  The sheriff shall also have the notice published in a newspaper of general circulation in the proposed district once a week for two consecutive weeks.  The first publication must occur not later than the 21st day before the date on which the hearing will be held.
(f)  The return of each officer executing notice must:
(1)  be endorsed or attached to a copy of the notice;
(2)  show the execution of the notice;
(3)  specify each date on which the notice was posted or published;  and
(4)  include a printed copy of the published notice.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter B. Creation of District › Section 775.016. Hearing

Sec. 775.016.  HEARING.  (a)  At the time and place set for the hearing or at a later date then set, the commissioners court shall consider the petition and each issue relating to creation of the district.
(b)  Any interested person may appear before the commissioners court in person or by attorney to support or oppose the creation of the district and may offer pertinent testimony.
Text of subsection effective until March 01, 2024
(c)  The commissioners court has exclusive jurisdiction to determine each issue relating to the creation of the district, including any matters negotiated with a consenting municipality under Section 775.014(h), and may issue incidental orders it considers proper in relation to the issues before the commissioners court.  The commissioners court may adjourn the hearing as necessary.
Text of subsection effective on March 01, 2024
(c)  The commissioners court has exclusive jurisdiction to determine each issue relating to the creation of the district and may issue incidental orders it considers proper in relation to the issues before the commissioners court.  The commissioners court may adjourn the hearing as necessary.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 886, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 298 (S.B. 1794), Sec. 2, eff. March 1, 2024.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter B. Creation of District › Section 775.017. Petition Approval

Sec. 775.017.  PETITION APPROVAL.
Text of subsection effective until March 01, 2024
(a)  If after the hearing the commissioners court finds that creation of the district is feasible and will promote the public safety, welfare, health, and convenience of persons residing in the proposed district, the commissioners court shall grant the petition, fix the district's boundaries, and impose any conditions negotiated under Section 775.014(h).  If the proposed district, according to its boundaries stated in the petition, is located wholly in a county with a population of more than 3.3 million, the commissioners court may amend the petition to change the boundaries of the proposed district if the commissioners court finds the change is necessary or desirable.  For the purposes of this provision, the population of the county is determined according to the most recent federal decennial census available at the time the petition is filed.
Text of subsection effective on March 01, 2024
(a)  If after the hearing the commissioners court finds that creation of the district is feasible and will promote the public safety, welfare, health, and convenience of persons residing in the proposed district, the commissioners court shall grant the petition and fix the district's boundaries.  If the proposed district, according to its boundaries stated in the petition, is located wholly in a county with a population of more than 3.3 million, the commissioners court may amend the petition to change the boundaries of the proposed district if the commissioners court finds the change is necessary or desirable.  For the purposes of this provision, the population of the county is determined according to the most recent federal decennial census available at the time the petition is filed.
(b)  If the proposed district will include territory in the municipal limits or extraterritorial jurisdiction of one or more municipalities, the commissioners court of the county in which the municipality is located must determine if the district would still meet the requirements prescribed by Subsection (a) if the territory in the municipality's limits or extraterritorial jurisdiction is excluded from the district. The commissioners court must make this finding for each municipality the territory of which will be included in the district.
(c)  If the commissioners court finds that the proposed district does not meet the requirements prescribed by Subsection (a), the commissioners court shall deny the petition.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 269, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 886, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 54, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 298 (S.B. 1794), Sec. 3, eff. March 1, 2024.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter B. Creation of District › Section 775.018. Election

Sec. 775.018.  ELECTION.
Text of subsection effective until March 01, 2024
(a)  On the granting of a petition, the commissioners court shall order an election to confirm the district's creation and authorize the imposition of a tax not to exceed the rate allowed by Section 48-e, Article III, Texas Constitution.  Any conditions negotiated under Section 775.014(h) must be included on the ballot.
Text of subsection effective on March 01, 2024
(a)  On the granting of a petition, the commissioners court shall order an election to confirm the district's creation and authorize the imposition of a tax not to exceed the rate allowed by Section 48-e, Article III, Texas Constitution.
(b)  Repealed by Acts 2005, 79th Leg., Ch. 123, Sec. 2, eff. September 1, 2005.
(c)  If the petition indicates that the proposed district will contain territory in more than one county, the commissioners court may not order an election until the commissioners court of each county in which the district will be located has granted the petition.
(d)  Subject to Section 4.003, Election Code, the notice of the election shall be given in the same manner as the notice of the petition hearing.
(e)  The election shall be held on the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with other requirements of law.
(f)  If the territory of a district proposed under this chapter overlaps with the boundaries of another district created under this chapter, the commissioners court of each county in which the proposed district is located shall send to the board of the existing district a copy of the petition for creation of the proposed district.  This subsection does not apply to a proposed district located wholly in a county with a population of more than three million.
(g)  The board of the existing district shall adopt a statement before the date of the election required by this section that specifies the types of emergency services the existing district will provide or continue to provide in the overlapping territory if the proposed district is created.  This subsection does not apply to a proposed district located wholly in a county with a population of more than three million.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 270, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 294, Sec. 1, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 496, Sec. 3, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 886, Sec. 5, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1140, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 123 (S.B. 1621), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 123 (S.B. 1621), Sec. 2, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 1, eff. June 17, 2011.
Acts 2023, 88th Leg., R.S., Ch. 298 (S.B. 1794), Sec. 4, eff. March 1, 2024.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter B. Creation of District › Section 775.020. Overlapping Districts Located Wholly in Populous County

Sec. 775.020.  OVERLAPPING DISTRICTS LOCATED WHOLLY IN POPULOUS COUNTY.  (a)  This section applies only to a district located wholly in a county with a population of more than three million.
(b)  If the territory in a district created under this chapter overlaps with the boundaries of another district created under this chapter, a district converted under this chapter, or a district converted under former Section 794.100, the most recently created district may not provide services in the overlapping territory that duplicate the services provided by the other district at the time the overlapping district was created.
(c)  For purposes of this section, a district is created on the date on which the election approving its creation was held.  If the elections approving the creation of two or more districts are held on the same date, the most recently created district is the district for which the hearing regarding approval of the petition for creation of the district was most recently held.
(d)  The creation of a district with boundaries that overlap the boundaries of another district does not affect the validity of either district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1333, Sec. 2, eff. June 16, 2001;  Acts 2003, 78th Leg., ch. 1204, Sec. 1.001, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter B. Creation of District › Section 775.0205. Overlapping Districts

Sec. 775.0205.  OVERLAPPING DISTRICTS.  (a)  If the territory in a district created under this chapter overlaps with the boundaries of another district created under this chapter, the most recently created district may not provide services in the overlapping territory that duplicate the services described in the statement required by Section 775.018(g).
(b)  If the territory in more than two districts overlaps, the commissioners court of the county in which the most recently created district is located by order shall exclude the overlapping territory from that district.
(c)  For purposes of this section, a district is created on the date on which the election approving its creation was held.  If the elections approving the creation of two or more districts are held on the same date, the most recently created district is the district for which the hearing regarding approval of the petition for creation of the district was most recently held.
(d)  The creation of a district with boundaries that overlap the boundaries of another district does not affect the validity of either district.
(d-1)  The legislature finds that the performance of non-duplicative emergency services in the overlapping territory of emergency service districts is complementary to and not in conflict with the powers and duties of the respective districts.
(d-2)  A person may serve as an emergency services commissioner of a district created under this chapter at the same time that the person serves as an emergency services commissioner of another district with overlapping territory created under this chapter.
(d-3)  A person serving as a commissioner of more than one district under this section:
(1)  may receive compensation for serving on only one board; and
(2)  is entitled to reimbursement for reasonable and necessary expenses incurred in performing official duties for both boards.
(e)  This section does not apply to a district located wholly in a county with a population of more than three million.
Added by Acts 2001, 77th Leg., ch. 1333, Sec. 3, eff. June 16, 2001.  Amended by Acts 2003, 78th Leg., ch. 1204, Sec. 1.002, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter B. Creation of District › Section 775.0235. Removal of Certain Territory on Request of Municipality

Sec. 775.0235.  REMOVAL OF CERTAIN TERRITORY ON REQUEST OF MUNICIPALITY.  (a)  The board shall remove territory from a district as provided by this section, on request of a municipality, if the territory:
(1)  was included in the corporate limits of the municipality at the time the territory was first included in the district;
(2)  is included in any part of a district that is composed of two or more territories that are not contiguous to each other;  and
(3)  is surrounded on at least three sides by territory inside the municipal boundaries of a municipality with a population of 400,000 or more.
(b)  The board shall, on request of the municipality, immediately disannex the territory from the district and shall cease to provide further services to the residents of that territory.
(c)  On request by the municipality, in connection with a disannexation under Subsection (b), the board shall immediately disannex all territory in the district that is included in the municipality's extraterritorial jurisdiction and shall cease to provide further services to the residents of such additional territory.
(d)  The disannexation of territory under this section does not diminish or impair the rights of the holders of any outstanding and unpaid bonds, warrants, or other obligations of the district.
(e)  If territory is disannexed under this section, the municipality shall compensate the district in an amount equal to the disannexed territory's pro rata share of the district's indebtedness at the time the territory is disannexed.  The district shall apply compensation received from a municipality under this subsection exclusively to the payment of the disannexed territory's pro rata share of the district's indebtedness.
(f)  On the district's request, a municipality shall purchase from the district at fair market value any real or personal property used to provide emergency services in territory disannexed under this section.  If any part of the indebtedness for which the district receives compensation under Subsection (e) was for the purchase of the real or personal property that the municipality purchases under this subsection, the fair market value of that property for the purpose of this subsection is reduced by a percentage equal to the disannexed territory's pro rata share under Subsection (e).
Added by Acts 1999, 76th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter B. Creation of District › Section 775.0241. Taxes for Consolidated District

Sec. 775.0241.  TAXES FOR CONSOLIDATED DISTRICT.  (a)  If two districts that want to consolidate under Section 775.024 have different maximum ad valorem tax rates, the board of the district with the lower maximum ad valorem tax rate shall order an election in its district under Section 775.0745 to authorize the imposition of taxes in the territory of that district at a maximum rate that equals the maximum rate authorized in the district with the higher maximum rate.
(b)  If a majority of the voters do not favor the increase in the maximum ad valorem tax rate under Subsection (a), the districts may not proceed with the consolidation.
(c)  If the districts have different sales and use tax rates, the board of the consolidated district shall:
(1)  designate the territory of the former districts as subdistricts;
(2)  continue to impose the sales and use tax in each subdistrict at the rate the tax was imposed by the former district; and
(3)  send to the comptroller by registered or certified mail:
(A)  a copy of the joint order described by Section 775.024(a)(2); and
(B)  a map of the consolidated district that clearly shows the territory of each subdistrict.
(d)  Subsection (c) does not limit the authority of the board of the consolidated district to order an election under Section 775.0752 in a subdistrict or in the entire district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter B. Creation of District › Section 775.026. Conversion of Rural Fire Prevention Districts to Emergency Services Districts

Sec. 775.026.  CONVERSION OF RURAL FIRE PREVENTION DISTRICTS TO EMERGENCY SERVICES DISTRICTS.  (a)  Each rural fire prevention district created under former Chapter 794 is converted to an emergency services district operating under this chapter.
(b)  The name of a district converted under this section is changed to "___ Emergency Services District No. ___," with the name of the county or counties in which the district is located and an appropriate number inserted to distinguish one district from another district.
(c)  The emergency services district to which a rural fire prevention district converts assumes all obligations and outstanding indebtedness of the rural fire prevention district.
(d)  A fire commissioner of a rural fire prevention district is an emergency services commissioner of the converted district on conversion of the district under this section and shall serve until the term for which the commissioner was appointed or elected expires.
Added by Acts 2003, 78th Leg., ch. 1204, Sec. 1.003, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 383 (S.B. 1435), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.0315. Legal Representation

Sec. 775.0315.  LEGAL REPRESENTATION.  (a)  This section applies only to a district located wholly in a county with a population of 2.1 million or more in which two or more cities with a population of 350,000 or more are located.
(b)  A district may employ or contract with private legal counsel to represent the district on any legal matter. If the district does not employ or contract with private legal counsel on a legal matter, the county attorney, district attorney, or criminal district attorney, as appropriate, with the duty to represent the county in civil matters shall represent the district.
(c)  A district that receives legal services from a county attorney, district attorney, or criminal district attorney may employ additional private legal counsel on the board's determination that additional counsel is advisable.  A district that contracts or employs private legal counsel under Subsection (b) may request and receive additional legal services from the county attorney, district attorney, or criminal district attorney, as appropriate, with the duty to represent the county in civil matters on the board's determination that additional counsel is necessary.
(d)  If the district receives legal services from a county attorney, district attorney, or criminal district attorney, the district shall contribute money to be credited to the county's general fund account for the county attorney, district attorney, or criminal district attorney, as appropriate, in amounts sufficient to pay all additional salaries and expenses incurred by that officer in performing the duties required by the district.
Added by Acts 2015, 84th Leg., R.S., Ch. 402 (H.B. 2038), Sec. 1, eff. June 10, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 108, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.032. Certain Businesses Not Subject to Ad Valorem Tax or District Powers

Sec. 775.032.  CERTAIN BUSINESSES NOT SUBJECT TO AD VALOREM TAX OR DISTRICT POWERS.  (a)  A business entity is not subject to the ad valorem tax authorized by this chapter or subject to the district's powers if the business entity:
(1)  provides its own fire prevention and fire control services and owns or operates fire-fighting equipment or systems equivalent to or better than standards developed by the National Fire Protection Association or another nationally recognized association and for which the business entity receives the appropriate approval from the Texas Industrial Emergency Services Board of the State Firemen's and Fire Marshals' Association of Texas;
(2)  provides and operates its own equipped industrial ambulance with a licensed driver and provides industrial victim care by an emergency care attendant trained to provide the equivalent of ordinary basic life support, as defined by Section 773.003; and
(3)  provides ordinary emergency services for the business entity, such as emergency response, as defined by 29 C.F.R. Sec. 1910.120, rescue, disaster planning, or security services, as recognized by the Texas Industrial Emergency Services Board of the State Firemen's and Fire Marshals' Association of Texas, and provides the equipment, training, and facilities necessary to safely handle emergencies and protect the business entity and its neighbors in the community.
(b)  This section shall not be construed to exempt a business from a sales and use tax authorized by Section 775.0751.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1989, 71st Leg., 1st C.S., ch. 40, Sec. 2, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 14, Sec. 273, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 1204, Sec. 1.005, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 558 (H.B. 1267), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.033. Liability of District

Sec. 775.033.  LIABILITY OF DISTRICT.  (a)  A district is not liable for a claim arising from the act or omission of an employee or volunteer under an oral or written contract with the district if the act or omission:
(1)  is in the course and scope of the employee's or volunteer's duties for the district;
(2)  takes place during the provision of emergency services;
(3)  is not in violation of a statute or ordinance applicable to emergency action;  and
(4)  is not wilful or wantonly negligent.
(b)  This section does not expand the liability of a district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.034. Appointment of Board in District Located Wholly in One County

Sec. 775.034.  APPOINTMENT OF BOARD IN DISTRICT LOCATED WHOLLY IN ONE COUNTY.  (a)  The commissioners court of a county in which a single-county district is located shall appoint a five-member board of emergency services commissioners to serve as the district's governing body.  To serve as a member of the board a person must be:
(1)  at least 18 years of age;  and
(2)  a resident citizen of the state and:
(A)  a qualified voter within areas served by the district;  or
(B)  the owner of land subject to taxation in the district.
(b)  Except as prescribed by Subsection (c), commissioners serve two-year terms.
(c)  After the votes are canvassed and the commissioners court enters the order creating the district, the commissioners court shall appoint the initial emergency services commissioners to serve until January 1 of the year following the district election.  On January 1, the court shall designate three of those emergency services commissioners to serve a two-year term and two of those emergency services commissioners to serve a one-year term.
(d)  On January 1 of each year, the commissioners court shall appoint a successor for each emergency services commissioner whose term has expired.
(e)  The commissioners court shall fill a vacancy on the board for the remainder of the unexpired term.
(f)  A member of the board who, because of municipal annexation, is no longer a qualified voter of an area served by the district or no longer owns land subject to taxation by the district may continue to serve until the expiration of the member's term.
(g)  The commissioners court shall consider relevant factors in determining the individuals to appoint as emergency services commissioners, including whether the individuals have knowledge that relates to fire prevention or emergency medical services and that is relevant to the common policies and practices of the board.
(h)  This section does not apply to a district located wholly in a county:
(1)  with a population of more than three million;
(2)  with a population of more than 200,000 that borders Lake Palestine; or
(3)  with a population of less than 200,000 that borders another state and the Gulf Intracoastal Waterway.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 496, Sec. 6, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 272, Sec. 2, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 235, Sec. 5, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 930, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 900 (H.B. 2653), Sec. 1, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1347 (S.B. 1265), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.0341. Appointment of Board in Certain Districts Located in More Than One County

Sec. 775.0341.  APPOINTMENT OF BOARD IN CERTAIN DISTRICTS LOCATED IN MORE THAN ONE COUNTY.  (a)  This section applies only to a district that was authorized to have a board of emergency services commissioners appointed under former Section 776.0345 and that is located:
(1)  partly in a county with a population of less than 22,000; and
(2)  partly in a county with a population of more than 54,000.
(b)  A five-member board of emergency services commissioners appointed under this section serves as the district's governing body.  A commissioner serves a two-year term.
(c)  The commissioners court of the smallest county in which the district is located shall appoint two commissioners to the board.  The commissioners court of the largest county in which the district is located shall appoint three commissioners to the board.
(d)  To be eligible for appointment as an emergency services commissioner under this section, a person must be at least 18 years of age and reside in the district.  Two commissioners must reside in the smallest county in which the district is located, and three commissioners must reside in the largest county in which the district is located.
(e)  On January 1 of each year, a commissioners court shall appoint a successor for each emergency services commissioner appointed by that commissioners court whose term has expired.
(f)  The appropriate commissioners court shall fill a vacancy on the board for the remainder of the unexpired term.
Added by Acts 2017, 85th Leg., R.S., Ch. 220 (H.B. 2788), Sec. 1, eff. May 29, 2017.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.0355. Disqualification of Emergency Services Commissioners in Certain Counties

Sec. 775.0355.  DISQUALIFICATION OF EMERGENCY SERVICES COMMISSIONERS IN CERTAIN COUNTIES.  (a)  In this section, "emergency services organization" means:
(1)  a volunteer fire department;
(2)  a career or combination fire department;
(3)  a municipal fire department;
(4)  an emergency medical services organization under the jurisdiction of the Department of State Health Services;
(5)  any other agency under the jurisdiction of the state fire marshal's office; or
(6)  any other organization or corporation that governs an emergency services organization.
(b)  This section applies only to a district located wholly in a county:
(1)  with a population of more than three million;
(2)  with a population of more than 200,000 that borders Lake Palestine; or
(3)  with a population of less than 200,000 that borders another state and the Gulf Intracoastal Waterway.
(c)  A person is disqualified from serving as an emergency services commissioner if that person:
(1)  is related within the third degree of affinity or consanguinity to:
(A)  a person providing professional services to the district;
(B)  a commissioner of the same district; or
(C)  a person who is an employee or volunteer of an emergency services organization providing emergency services to the district;
(2)  is an employee of a commissioner of the same district, attorney, or other person providing professional services to the district;
(3)  is serving as an attorney, consultant, or architect or in some other professional capacity for the district or an emergency services organization providing emergency services to the district; or
(4)  fails to maintain the qualifications required by law to serve as a commissioner.
(d)  Any rights obtained by a third party through official action of a board covered by this section are not impaired or affected by the disqualification under this section of an emergency services commissioner to serve, provided that the third party had no knowledge, at the time the rights were obtained, of the fact that the commissioner was disqualified to serve.
Added by Acts 2007, 80th Leg., R.S., Ch. 900 (H.B. 2653), Sec. 3, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1347 (S.B. 1265), Sec. 4, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1347 (S.B. 1265), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.0362. Limit on Regulation of Fireworks

Sec. 775.0362.  LIMIT ON REGULATION OF FIREWORKS.  Except as provided by Section 775.0363, the district may not regulate the sale, use, or transportation of fireworks.
Added by Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 5, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.0363. Regulation of Fireworks

Sec. 775.0363.  REGULATION OF FIREWORKS.  The district may adopt a rule relating to fireworks that is the same as or less stringent than a rule adopted or enforced by the commissioner of insurance and the state fire marshal under Chapter 2154, Occupations Code, relating to retail fireworks stands, fireworks bulk manufacturing and storage facilities, fireworks sales buildings, or any other structure used in public pyrotechnic displays to which the rules adopted under Chapter 2154, Occupations Code, apply.
Added by Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 5, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.0365. Board Training

Sec. 775.0365.  BOARD TRAINING.  (a)  An emergency services  commissioner shall complete at least six hours of continuing education relating to the performance of the duties of an emergency services commissioner at least once in a two-year period.
(b)  Continuing education instruction required by Subsection (a) must be certified by an institution of higher education as defined by Section 61.003, Education Code.
(c)  For purposes of Subsection (a), an emergency services commissioner may carry forward from one two-year period to the next two-year period not more than three continuing education hours that the commissioner completes in excess of the required six hours.
(d)  For purposes of removal under Section 775.0422 or 775.0423, "incompetency" includes the failure of an emergency services commissioner to comply with Subsection (a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 6, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.0366. Service Contracts

Sec. 775.0366.  SERVICE CONTRACTS.  (a)  In this section, "local government" has the meaning assigned by Section 791.003, Government Code.
(b)  The board may contract with a local government, including another district, to provide staff, facilities, equipment, programs, or services the board considers necessary to provide or obtain emergency services that the district or the local government is authorized to provide.
(c)  A person acting under a contract under this section, including an emergency services commissioner, does not, because of that action, hold more than one civil office of emolument or more than one office of honor, trust, or profit.
(d)  Except as provided by Subsection (e), if a district contracts with a local government under this section to provide or obtain emergency services, the district is responsible for any civil liability that arises from furnishing those services if the district would have been responsible for furnishing the services in the absence of the contract.
(e)  The parties to a contract between governmental entities under this section may agree to assign responsibility for civil liability that arises from services provided under the contract in any manner agreed to by the parties.  The parties must assign that responsibility in a written provision of the contract that specifically refers to this subsection and states that the assignment of liability is intended to be different from liability otherwise assigned under Subsection (d).
(f)  This section does not change the liability limits and immunities for a governmental unit under Chapter 101, Civil Practice and Remedies Code, or other law.
(g)  A contract under this section is not a joint enterprise for liability purposes.
Added by Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 6, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.037. Officers of Board

Sec. 775.037.  OFFICERS OF BOARD.  (a)  The emergency services commissioners shall elect from among their members a president, vice-president, secretary, treasurer, and assistant treasurer to perform the duties usually required of the respective offices.  The office of secretary and treasurer may be combined.
(b)  The treasurer must execute and file with the county clerk a bond conditioned on the faithful execution of the treasurer's duties.  The treasurer of a district located in more than one county shall file the bond with the county clerk of the county with the largest population in the district.  The county judge of the county in which the bond is to be filed must determine the amount and sufficiency of the bond before it is filed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.038. Compensation; Conflict of Interest

Sec. 775.038.  COMPENSATION;  CONFLICT OF INTEREST.  (a)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 219 (H.B. 2504), Sec. 2, eff. September 1, 2017.
(a-1)  A commissioner of a district is entitled to receive compensation in the same manner and amount as are provided by Section 49.060, Water Code.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 219 (H.B. 2504), Sec. 2, eff. September 1, 2017.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 219 (H.B. 2504), Sec. 2, eff. September 1, 2017.
(d)  Commissioners are subject to Chapter 171, Local Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 392, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 219 (H.B. 2504), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 219 (H.B. 2504), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.039. Differential Pay and Benefits for Employees of Emergency Services Districts

Sec. 775.039.  DIFFERENTIAL PAY AND BENEFITS FOR EMPLOYEES OF EMERGENCY SERVICES DISTRICTS.  (a)  A board may provide differential pay to a district employee who is a member of the state military forces or a reserve component of the United States armed forces who is called to active duty if:
(1)  the board adopts a policy providing for differential pay for all similarly situated employees; and
(2)  the employee's military pay is less than the employee's gross pay from the district.
(b)  The combination of differential pay and military pay may not exceed the employee's actual gross pay from the district.
(c)  For purposes of this section, military pay does not include money the employee receives:
(1)  for service in a combat zone;
(2)  as hardship pay; or
(3)  for being separated from the employee's family.
(d)  The differential pay provided by Subsection (a) begins when the benefits allowed under Section 437.202, Government Code, are exhausted and continues until the employee's active military duty terminates.
(e)  The board may extend the insurance benefits provided by the district to a district employee who is a member of the state military forces or a reserve component of the United States armed forces who is called to active duty and to the employee's dependents.  The extension period begins when the benefits allowed under Section 437.202, Government Code, are exhausted and continues until the employee's active military duty terminates.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1097 (S.B. 1477), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.12, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.040. Fees for Providing Services

Sec. 775.040.  FEES FOR PROVIDING SERVICES.  A district, or a person authorized by contract on the district's behalf, may charge a reasonable fee for emergency services performed for or on behalf of a person or entity, including a fee for responding to a false alarm or for a fire code inspection.
Added by Acts 1997, 75th Leg., ch. 392, Sec. 4, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 496, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.041. Fee Payment and Collection

Sec. 775.041.  FEE PAYMENT AND COLLECTION.  (a)  A fee imposed by a district under Section 775.040 must be paid within a reasonable amount of time as established by the district.
(b)  If the fee has not been paid in the amount of time established by the district, the district may collect the fee by filing a complaint in the appropriate court of jurisdiction in the county in which the district's principal office or meeting place is located.
(c)  If the district prevails in any suit to collect the fee, it may, in the same action, recover reasonable fees for attorneys, expert witnesses, and other costs incurred by the district in the suit.  The court shall determine the amount of the attorney's fees.
Added by Acts 1999, 76th Leg., ch. 496, Sec. 10, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter C. Organization, Powers, and Duties › Section 775.042. Removal of Board Member by Board

Sec. 775.042.  REMOVAL OF BOARD MEMBER BY BOARD.  (a)  A board may remove a member if:
(1)  the member is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board;  and
(2)  the other members of the board unanimously vote to remove that member.
(b)  Not later than the 30th day after the date of a vote to remove a member under Subsection (a), that member may file a written appeal for reinstatement to the commissioners court of the county in which a single-county district is located or, if the district is located in more than one county, the commissioners court of the county where the member resides.  The court may reinstate the member if it finds the removal unwarranted after considering:
(1)  a reason for an absence;
(2)  the time and place of a missed meeting;
(3)  the business conducted at a missed meeting;  and
(4)  any other factors or circumstances the court considers relevant.
(c)  The validity of a board action is not affected because it is taken when a ground for removal of a board member exists.
Added by Acts 1999, 76th Leg., ch. 496, Sec. 10, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 308 (H.B. 527), Sec. 3, eff. June 19, 2009.