2023 Texas Statutes › Local Government Code › Title 11 - Public Safety › Subtitle A - Municipal Public Safety › Chapter 344 - Fire Control, Prevention, and Emergency Medical Services Districts › Subchapter B. Creation of District and Temporary Board › Section 344.051. Authority of Municipality to Propose District

Sec. 344.051.  AUTHORITY OF MUNICIPALITY TO PROPOSE DISTRICT.  (a)  The governing body of a municipality with a population of not less than 25,000 nor more than 550,000, or a municipality with a population of more than 1.9 million, may propose the creation of a fire control, prevention, and emergency medical services district under this chapter.
(a-1)  The governing body of a municipality may propose the creation of a fire control, prevention, and emergency medical services district under this chapter if the municipality:
(1)  has a population of 5,000 or more and less than 25,000; and
(2)  is located in a county with a population of one million or more:
(A)  in which all or part of a municipality with a population of one million or more is located; and
(B)  that is adjacent to a county with a population of 2.5 million or more.
(a-2)  The governing body of a municipality may propose the creation of a fire control, prevention, and emergency medical services district under this chapter if the municipality is located in the extraterritorial jurisdiction of another municipality that has a population of 200,000 or more, both of which are located in a county with a population of less than 300,000 that is located on the international border.
(a-3)  The governing body of a municipality may propose the creation of a fire control, prevention, and emergency medical services district under this chapter if the municipality:
(1)  has a population of 19,000 or more and less than 60,000; and
(2)  contains a branch campus of North Central Texas College.
(b)  The proposed district may include all or any part of the municipality.
(c)  Except as provided by Subsection (f), a district may be created inside the boundaries of an emergency services district operating under Chapter 775, Health and Safety Code, only if the governing body of the emergency services district gives its written consent by order or resolution not later than the 60th day after the date the governing body receives a request for its consent.
(d)  If the governing body of the emergency services district consents to the inclusion of territory inside its geographic boundaries, the territory may be included in the district in the same manner as other territory is included under this chapter.
(e)  The consent of the governing body of the emergency services district to include territory in the district and to initiate proceedings to create a district as prescribed by this chapter expires six months after the date on which the consent is given.
(f)  Subsection (c) does not apply if:
(1)  on the effective date of this chapter, the municipality is providing fire suppression and prevention services and emergency medical services;  or
(2)  the fire control, prevention, and emergency medical services plan of the proposed district proposes emergency services that, on the effective date of this chapter, were not provided by any rural fire prevention district or emergency services district inside the boundaries of the municipality.
(g)  If the voters in a municipality with a population of more than 1.9 million create a fire control, prevention, and emergency medical services district under this chapter, the fire department shall comply with the minimum standards established by the National Fire Protection Association or its successor in function regarding fire protection personnel operating at emergency incidents.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1204, Sec. 2.004, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 14, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 852 (H.B. 339), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 898 (S.B. 1453), Sec. 1, eff. June 18, 2015.
Acts 2019, 86th Leg., R.S., Ch. 571 (S.B. 235), Sec. 1, eff. June 10, 2019.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 179, eff. September 1, 2023.