reglab/statecodes huggingface dataset:
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 775.0422. Removal of Appointed Board Member by Commissioners Court

Sec. 775.0422.  REMOVAL OF APPOINTED BOARD MEMBER BY COMMISSIONERS COURT.
(a)  This section does not apply to a district unless the commissioners court of the county in which the district is located adopts this section by resolution.
(a-1)  This section applies only to an appointed board member.  This section does not apply to a board member who:
(1)  is elected; or
(2)  is appointed to fill a vacancy in an elected board member position.
(b)  The commissioners court of the county in which a district is located, by an order adopted by a majority vote after a hearing, may remove a board member for:
(1)  incompetency, as defined by Section 87.011, Local Government Code;
(2)  official misconduct, as defined by Section 87.011, Local Government Code; or
(3)  misconduct, as defined by Section 178.001, Local Government Code.
(b-1)  Section 551.0745, Government Code, applies to a deliberation regarding a removal of a board member in the same manner as that section applies to a deliberation regarding a dismissal of a member of an advisory body.
(c)  Not later than the 30th day before the date on which the hearing is held, a commissioners court seeking removal under this section must:
(1)  notify the board members that it is considering that action; and
(2)  provide the board member with an opportunity to show cause why the board member should not be removed.
(d)  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 2009, 81st Leg., R.S., Ch. 308 (H.B. 527), Sec. 2, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 116 (H.B. 1917), Sec. 1, eff. May 21, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 116 (H.B. 1917), Sec. 2, eff. May 21, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 7, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 8, 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 775.0423. Removal of Elected Board Member

Sec. 775.0423.  REMOVAL OF ELECTED BOARD MEMBER.  (a)  This section applies only to a board member who:
(1)  is elected; or
(2)  is appointed to fill a vacancy in an elected board member position.
(b)  A board member may be removed using the procedures provided by Chapter 87, Local Government Code, for:
(1)  incompetency, as defined by Section 87.011, Local Government Code;
(2)  official misconduct, as defined by Section 87.011, Local Government Code;
(3)  intoxication, as described by Section 87.013, Local Government Code; or
(4)  misconduct, as defined by Section 178.001, Local Government Code.
(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 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 9, 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 775.043. Exemption From Investment Training

Sec. 775.043.  EXEMPTION FROM INVESTMENT TRAINING.  (a)  Section 2256.008, Government Code, does not apply to an officer or employee of a district created under this chapter.
(b)  A district may invest funds only in the authorized investments set forth under Government Code Section 2256.009 (obligations of, or guaranteed by governmental entities), 2256.010 (certificates of deposit and share certificates), or 2256.016 (investment pools), unless the treasurer, chief financial officer (if not the treasurer), and the investment officer of the district attend and successfully complete the training requirements under Section 2256.008, Government Code.
Added by Acts 1999, 76th Leg., ch. 914, Sec. 1, eff. June 18, 1999.  Renumbered from Health & Safety Code Sec. 775.041 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(80), eff. Sept. 1, 2001.
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 775.044. Vacancy on Board of District Located in More Than One County

Sec. 775.044.  VACANCY ON BOARD OF DISTRICT LOCATED IN MORE THAN ONE COUNTY.  (a)  Not later than the 90th day after a board vacancy for a district located in more than one county occurs, the remaining board members shall appoint a person to fill the unexpired term.
(b)  If the board has not filled the vacancy before the 91st day after the date of the vacancy, the commissioners court of the county where the previous board member resided shall appoint a person to fill the vacancy.
(c)  A person appointed under this section must be eligible to serve under Section 775.035.
Added by Acts 2005, 79th Leg., Ch. 384 (S.B. 1437), Sec. 2, 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 775.0445. Vacancy on Board of District Located in Certain Counties

Sec. 775.0445.  VACANCY ON BOARD OF DISTRICT LOCATED IN CERTAIN COUNTIES.  (a)  In this section, "vacancy" means a vacancy in the office of director that occurs for any reason, including an office that is vacant because:
(1)  a director was disqualified under Section 775.0355; or
(2)  no candidate filed for election to the office.
(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)  Not later than the 90th day after a board vacancy occurs, the remaining board members shall appoint a person to fill the unexpired term.
(d)  A person appointed under this section must be eligible to serve under Section 775.0345.
Added by Acts 2007, 80th Leg., R.S., Ch. 900 (H.B. 2653), Sec. 4, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1347 (S.B. 1265), Sec. 6, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1347 (S.B. 1265), Sec. 7, 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 775.045. Applicability of Certain Laws

Sec. 775.045.  APPLICABILITY OF CERTAIN LAWS.  (a)  Except as provided by Subsection (b), notwithstanding any other law:
(1)  Section 1301.551(i), Occupations Code, applies to a district as if the district were a municipality; and
(2)  Section 233.062, Local Government Code, applies to a district as if the district were in an unincorporated area of a county.
(b)  Subsection (a) does not apply to a district:
(1)  that before February 1, 2013, has adopted a fire code, fire code amendments, or other requirements in conflict with Subsection (a); and
(2)  whose territory is located:
(A)  in or adjacent to a general law municipality with a population of less than 4,000 that is served by a water control and improvement district governed by Chapter 51, Water Code; and
(B)  in a county that has a population of more than 1.2 million and is adjacent to a county with a population of more than 600,000.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1363 (S.B. 1596), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 109, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter D. Change in Boundaries or Dissolution of District › Section 775.051. Expansion of District Territory

Sec. 775.051.  EXPANSION OF DISTRICT TERRITORY.  (a)  Qualified voters who own taxable real property in a defined territory that is not included in a district may file a petition with the secretary of the board requesting the inclusion of the territory in the district.  The petition must be signed by at least 50 qualified voters who own taxable real property in the territory or a majority of those voters, whichever is less.
(b)  The board by order shall set a time and place to hold a hearing on the petition to include the territory in the district.  The hearing may be held not earlier than the 31st day after the date on which the board issues the order.
(c)  The secretary of the board shall give notice of the hearing.  The notice must contain the time and place for the hearing and a description of the territory proposed to be annexed into the district.
(d)  The secretary shall:
(1)  post copies of the notice in three public places in the district and one public place in the territory proposed to be annexed into the district for at least 15 days before the date of the hearing;  and
(2)  not later than the 16th day before the date on which the hearing will be held, publish the notice once in a newspaper of general circulation in the county.
(e)  If after the hearing the board finds that annexation of the territory into the district would be feasible and would benefit the district, the board may approve the annexation by a resolution entered in its minutes.  The board is not required to include all of the territory described in the petition if the board finds that a change is necessary or desirable.
(f)  Annexation of territory is final when approved by a majority of the voters at an election held in the district and by a majority of the voters at a separate election held in the territory to be annexed.  If the district has outstanding debts or taxes, the voters in the election to approve the annexation must also determine if the annexed territory will assume its proportion of the debts or taxes if added to the district.
(g)  The election ballots shall be printed to provide for voting for or against the following, as applicable:
(1)  "Adding (description of territory to be added) to the ____________ Emergency Services District."
(2)  "(Description of territory to be added) assuming its proportionate share of the outstanding debts and taxes of the ____________ Emergency Services District, if it is added to the district."
(h)  The election notice, the manner and time of giving the notice, and the manner of holding the election are governed by the other provisions of this chapter relating to those matters to the extent that those provisions can be made applicable.
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 D. Change in Boundaries or Dissolution of District › Section 775.052. Petition for Dissolution; Notice of Hearing

Sec. 775.052.  PETITION FOR DISSOLUTION;  NOTICE OF HEARING.  (a)  Before a district may be dissolved, the district's board must receive a petition signed by at least 10 percent of the registered voters in the district.
(b)  If the petition is in proper form, the board shall set a place, date, and time for a hearing to consider the petition.
(c)  The board shall give notice of the hearing.  The notice must include:
(1)  the name of the district;
(2)  a description of the district's boundaries;
(3)  the proposal that the district be dissolved;  and
(4)  the place, date, and time of the hearing on the petition.
(d)  The notice shall be published in a newspaper of general circulation in the 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.
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 D. Change in Boundaries or Dissolution of District › Section 775.053. Hearing

Sec. 775.053.  HEARING.  (a)  At the hearing on the petition to dissolve the district, the board shall consider the petition and each issue relating to the dissolution of the district.
(b)  Any interested person may appear before the board to support or oppose the dissolution.
(c)  The board shall grant or deny the petition.
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 D. Change in Boundaries or Dissolution of District › Section 775.054. Election to Confirm Dissolution

Sec. 775.054.  ELECTION TO CONFIRM DISSOLUTION.  (a)  On the granting of a petition to dissolve the district, the board shall order an election to confirm the district's dissolution.
(b)  Notice of the election shall be given in the same manner as the notice of the petition hearing.
(c)  The election shall be held on the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with the requirements of law and that occurs after the date on which the board grants the petition.
(d)  The ballot shall be printed to provide for voting for or against the following:  "Dissolving the ____________ Emergency Services District."
(e)  A copy of the tabulation of results shall be filed with the county clerk of each county in which the district is located.
(f)  If a majority of those voting at the election vote to dissolve the district, the board shall proceed with dissolution. An election to create a new district in the boundaries of the old district may not be held for at least one year after dissolution.
(g)  If a majority of those voting at the election vote against dissolving the district, the board may not order another election on the issue before the first anniversary of the date of the canvass of the election.
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 D. Change in Boundaries or Dissolution of District › Section 775.055. Administration of Property, Debts, and Assets After Dissolution

Sec. 775.055.  ADMINISTRATION OF PROPERTY, DEBTS, AND ASSETS AFTER DISSOLUTION.  (a)  After a vote to dissolve a district, the board shall continue to control and administer the property, debts, and assets of the district until all funds are disposed of and all district debts are paid or settled.
(b)  The board may not dispose of the district's assets except for due compensation unless the debts are transferred to another governmental entity or agency within or embracing the district and the transfer will benefit the district's residents.
(c)  After the board issues the dissolution order, the board shall:
(1)  determine the debt owed by the district;  and
(2)  impose on the property included in the district's tax rolls a tax that is in proportion of the debt to the property value.
(d)  Each taxpayer may pay the tax imposed by the district under this section at once.
(e)  The board may institute a suit to enforce payment of taxes and to foreclose liens to secure the payment of taxes due the district.
(f)  When all outstanding debts and obligations of the district are paid, the board shall order the secretary to return the pro rata share of all unused tax money to each district taxpayer.  A taxpayer may request that the taxpayer's share of surplus tax money be credited to the taxpayer's county taxes.  If a taxpayer requests the credit, the board shall direct the secretary to transmit the funds to the county tax assessor-collector.
(g)  After the district pays all its debts and disposes of all its assets and funds as prescribed by this section, the board shall file a written report with the commissioners court of each county in which the district is located setting forth a summary of the board's actions in dissolving the district.  Not later than the 10th day after the date it receives the report and determines that the requirements of this section have been fulfilled, the commissioners court of each county shall enter an order dissolving the district.
(h)  Each emergency services commissioner is discharged from liability under the emergency services commissioner's bond on entry of the order prescribed by Subsection (g).
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 D. Change in Boundaries or Dissolution of District › Section 775.056. Transfer of Territory Between Districts

Sec. 775.056.  TRANSFER OF TERRITORY BETWEEN DISTRICTS.  (a)  After a hearing, a district may make mutually agreeable changes in boundaries with another district, provided that the maximum tax rate authorized for such a district does not exceed the maximum tax rate previously authorized for any territory added to that district.  The districts shall agree on an effective date for the changes in boundaries.
(b)  The changes in boundaries under this section do not diminish or impair the rights of the holders of any outstanding and unpaid bonds, warrants, or other district obligations.
(c)  A district shall compensate the district that loses territory in an amount equal to that territory's pro rata share of the losing district's bonded and other indebtedness based on the unpaid principal balances and the actual property values at the time the changes in boundaries are made.  The district that loses territory shall apply compensation received from the annexing district under this subsection exclusively to the payment of the annexed territory's pro rata share of the losing district's bonds or other debt.
Added by Acts 2001, 77th Leg., ch. 1140, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 10, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter E. Finances and Bonds › Section 775.071. Limitation on Indebtedness

Sec. 775.071.  LIMITATION ON INDEBTEDNESS.  (a)  Except as provided by Subsection (b), a district may not contract for an amount of indebtedness in any one year that is in excess of the funds then on hand and anticipated revenues for the year.
(b)  This section does not apply to Sections 775.051, 775.072, 775.076, 775.077, 775.078, and 775.085.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 496, Sec. 11, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1140, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter E. Finances and Bonds › Section 775.072. Depositories

Sec. 775.072.  DEPOSITORIES.  (a)  The board shall designate one or more banks to serve as depositories for district funds.
(b)  The board shall deposit all district funds in a depository bank, except that the board:
(1)  may deposit funds pledged to pay bonds or notes with banks named in the trust indenture or in the bond or note resolution;  and
(2)  shall remit funds for the payment of the principal of and interest on bonds and notes to the bank of payment.
(c)  The district may not deposit funds in a depository or trustee bank in an amount that exceeds the maximum amount secured by the Federal Deposit Insurance Corporation unless the excess funds are secured in the manner provided by law for the security of county funds.
(d)  The resolution or trust indenture securing the bonds or notes may require that any or all of the funds must be secured by obligations of or unconditionally guaranteed by the federal government.
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 E. Finances and Bonds › Section 775.073. Expenditures

Sec. 775.073.  EXPENDITURES.  (a)  Except as otherwise provided by this section, district funds may be disbursed only by check, draft, order, or other instrument that:
(1)  is signed by at least a majority of the board's commissioners; or
(2)  is signed by the treasurer, or by the assistant treasurer if the treasurer is absent or unavailable, and countersigned by the president, or by the vice president if the president is absent or unavailable.
(b)  The board by resolution may allow a district employee who has executed a bond in an amount equal to the amount required for the district treasurer to sign an instrument to disburse district funds. An expenditure of more than $2,000 may not be paid unless the expenditure is presented to the board and the board approves the expenditure.
(c)  The board may authorize the disbursement of district funds transferred by federal reserve wire system.  The board by resolution may authorize wire transfers to accounts in the district's name or accounts not in the district's name.
(d)  Any property, including an interest in property, purchased or leased using district funds, wholly or partly, must remain the property of the district, regardless of whether the property is used by a third party under a contract for services or otherwise, until the property is disposed of in accordance with Section 775.0735.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 816, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1107 (H.B. 3798), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 411 (H.B. 2519), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter E. Finances and Bonds › Section 775.0735. Disposition of Property

Sec. 775.0735.  DISPOSITION OF PROPERTY.  (a)  The district may dispose of property owned by the district only by:
(1)  selling the property to a third party following the procedures authorized under Section 263.001, 263.007, or 263.008, Local Government Code;
(2)  selling or disposing of the property following the procedures authorized under Subchapter D, Chapter 263, Local Government Code;
(3)  selling or disposing of the property in accordance with Subchapter J; or
(4)  selling the property using an Internet auction site.
(b)  The district may contract with a private vendor to assist with the sale of the property.
(c)  The district shall sell the property using the method of sale that the board determines is the most advantageous to the district under the circumstances.  The board shall adopt rules establishing guidelines for making that determination.
(d)  In using an Internet auction site to sell property under this section, the district shall post the property on the site for at least 10 days.
(e)  The district may reject any or all bids or proposals for the purchase of the property.
Added by Acts 2015, 84th Leg., R.S., Ch. 411 (H.B. 2519), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter E. Finances and Bonds › Section 775.074. Ad Valorem Tax

Sec. 775.074.  AD VALOREM TAX.  (a)  The board shall annually impose an ad valorem tax on all real and personal property located in the district and subject to district taxation for the district's support and the purposes authorized by this chapter.
(b)  If a district issues bonds or notes that are payable wholly from ad valorem taxes, the board shall, when bonds or notes are authorized, set a tax rate that is sufficient to pay the principal of and interest on the bonds or notes as the interest and principal come due and to provide reserve funds if prescribed in the resolution authorizing, or the trust indenture securing, the bonds or notes.
(c)  If a district issues bonds or notes that are payable from ad valorem taxes and from revenues, income, or receipts of the district, the board shall, when the bonds or notes are authorized, set a tax rate that is sufficient to pay the principal of and interest on the bonds and notes and to create and maintain any reserve funds.
(d)  In establishing the rate of the ad valorem tax to be collected for a year, the board shall consider the money that will be available to pay the principal of and interest on any bonds or notes issued and to create any reserve funds to the extent and in the manner permitted by the resolution authorizing, or the trust indenture securing, the bonds or notes.
(d-1)  The board may not set the tax rate for a fiscal year before the date the board adopts a budget for that fiscal year.
(e)  The board shall certify the ad valorem tax rate to the county tax assessor-collector, who is the assessor-collector for the district.
(f)  Repealed by Acts 1999, 76th Leg. ch. 496, Sec. 14, eff. September 1, 1999.
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. 275, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 496, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 11, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter E. Finances and Bonds › Section 775.0745. Election to Increase Tax Rate

Sec. 775.0745.  ELECTION TO INCREASE TAX RATE.  (a)  If the board decides to increase the maximum tax rate of the district to any rate at or below the rate allowed by this chapter or Section 48-e, Article III, Texas Constitution, the board must order an election to authorize the increase.  The proposition on the ballot must state the proposed maximum tax rate to be authorized at the election.
(b)  The board shall give notice of the election as provided by Section 4.003, Election Code.  The notice shall contain the information required by Section 4.004, Election Code.
(c)  The election shall be held on the first uniform election date provided by the Election Code after the date of the board's order that allows sufficient time to comply with any requirements of law.
(d)  If a majority of the votes cast in the election favor the increase in the maximum tax rate, the maximum tax rate for the district is increased to the rate authorized by the election.  The increase in the maximum tax rate does not apply to a tax year for which the board adopts a tax rate before the date of the election.
(e)  Repealed by Acts 2005, 79th Leg., Ch. 123, Sec. 2, eff. September 1, 2005.
Added by Acts 2001, 77th Leg., ch. 1140, Sec. 3, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1204, Sec. 1.007, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 123 (S.B. 1621), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter E. Finances and Bonds › Section 775.075. Reduction of Ad Valorem Tax Rate

Sec. 775.075.  REDUCTION OF AD VALOREM TAX RATE.  (a)  The qualified voters of a district may petition in the manner provided by Sections 775.052 through 775.054 for dissolution of a district to reduce the ad valorem tax rate of the district.
(b)  The petition must state the new tax rate desired by the voters.
(c)  The tax rate may not be reduced below the rate needed to pay any outstanding bonded indebtedness.
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.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter E. Finances and Bonds › Section 775.0752. Sales and Use Tax Election Procedures

Sec. 775.0752.  SALES AND USE TAX ELECTION PROCEDURES.  (a)  Except as otherwise provided by this subchapter, an election to adopt or abolish a district's sales and use tax or to change the rate of the tax is governed by the provisions of Subchapter E, Chapter 323, Tax Code, applicable to an election to adopt or abolish a county sales and use tax.
(b)  An election is called by the adoption of a resolution by the board.  The board shall call an election if a number of qualified voters of the district equal to at least five percent of the number of registered voters in the district petitions the board to call the election.
(c)  At an election to adopt the tax, the ballot shall be prepared to permit voting for or against the proposition:  "The adoption of a local sales and use tax in (name of district) at the rate of (proposed tax rate) percent."
(d)  At an election to abolish the tax, the ballot shall be prepared to permit voting for or against the proposition:  "The abolition of the local sales and use tax in (name of district)."
(e)  At an election to change the rate of the tax, the ballot shall be prepared to permit voting for or against the proposition:  "The (increase or decrease, as applicable) in the rate of the local sales and use tax imposed by (name of district) from (tax rate on election date) percent to (proposed tax rate) percent."
(f)  At an election described by Section 775.0751(c-1) to adopt the tax, the ballot shall be prepared to permit voting for or against the proposition:  "The adoption of a local sales and use tax in (name of district) at a rate not to exceed (proposed tax rate) percent in any location in the district."
Added by Acts 1989, 71st Leg., 1st C.S., ch. 40, Sec. 3, eff. Sept. 1, 1989.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 604 (S.B. 1727), Sec. 2, eff. June 9, 2017.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter E. Finances and Bonds › Section 775.0753. Sales and Use Tax Effective Date; Boundary Change

Sec. 775.0753.  SALES AND USE TAX EFFECTIVE DATE;  BOUNDARY CHANGE.  (a)  The adoption or abolition of the tax or change in the tax rate takes effect on the first day of the first calendar quarter occurring after the expiration of the first complete calendar quarter occurring after the date on which the comptroller receives a notice of the results of the election.
(b)  If the comptroller determines that an effective date provided by Subsection (a) will occur before the comptroller can reasonably take the action required to begin collecting the tax or to implement the abolition of the tax or the tax rate change, the effective date may be extended by the comptroller until the first day of the next succeeding calendar quarter.
(c)  Except as provided by Section 775.0754, the provisions of Section 321.102, Tax Code, governing the application of a municipal sales and use tax in the event of a change in the boundaries of a municipality apply to the application of a tax imposed under this chapter in the event of a change in the district's boundaries.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 40, Sec. 3, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1060 (H.B. 3159), 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 E. Finances and Bonds › Section 775.0754. Sales and Use Tax Agreement With Municipality After Annexation

Sec. 775.0754.  SALES AND USE TAX AGREEMENT WITH MUNICIPALITY AFTER ANNEXATION.  (a)  This section applies when:
(1)   a municipality annexes for full purposes part of a district that imposes a sales and use tax; and
(2)  the annexed area is not removed from the district.
(b)  The municipality and the district may, before or after the annexation, agree on an allocation between the municipality and the district of revenue from the sales and use tax imposed in the annexed area.
(c)  Under policies and procedures that the comptroller considers reasonable, the comptroller shall pay the amounts agreed to between the municipality and the district.
(d)  A municipality that enters into an agreement under this section is not required to provide emergency services in that annexed territory. To the extent of a conflict between this subsection and Section 43.056, Local Government Code, or any other law, this subsection controls.
(e)  Section 321.102(f), Tax Code, does not apply if the municipality and the district enter into an agreement under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1060 (H.B. 3159), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter E. Finances and Bonds › Section 775.077. Election to Approve Bonds and Notes

Sec. 775.077.  ELECTION TO APPROVE BONDS AND NOTES.  (a)  A district may not authorize bonds and notes secured in whole or in part by taxes unless a majority of the district's qualified voters who vote at an election ordered for that purpose approve the issuance of the bonds and notes.
(b)  The board may order an election on the bonds and notes.  The order must contain the same information contained in the notice of the election.
(c)  The board shall publish notice of the election at least once in a newspaper of general circulation in the district.  The notice must be published not later than the 31st day before election day.
(d)  In addition to the contents of the notice required by the Election Code, the notice must state:
(1)  the amount of bonds or notes to be authorized;  and
(2)  the maximum maturity of the bonds or notes.
(e)  At an election to approve bonds or notes payable wholly from ad valorem taxes, the ballots must be printed to provide for voting for or against the following:  "The issuance of (bonds or notes) and the levy of taxes for payment of the (bonds or notes)."
(f)  At an election to approve bonds or notes payable from both ad valorem taxes and revenues, the ballots must be printed to provide for voting for or against the following:  "The issuance of (bonds or notes) and the pledge of net revenues and the levy of ad valorem taxes adequate to provide for the payment of the (bonds or notes)."
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 E. Finances and Bonds › Section 775.078. Bond Anticipation Notes

Sec. 775.078.  BOND ANTICIPATION NOTES.  (a)  A district may issue bond anticipation notes from time to time to carry out one or more of its powers.
(b)  The bond anticipation notes may be secured by a pledge of all or part of the district's ad valorem taxes and revenues, income, or receipts.
(c)  A district may from time to time authorize the issuance of bonds to provide proceeds to pay the principal of and interest on bond anticipation notes.  The bonds must be secured by a pledge of all or part of the district's ad valorem taxes or revenues, income, or receipts and may be issued on a parity with or subordinate to outstanding district bonds.
(d)  If the resolution authorizing the issuance of, or the trust indenture securing, the bond anticipation notes includes a covenant that the notes are payable from the proceeds of the subsequently issued bonds, it is not necessary for the district to demonstrate, in order to receive the approval of the attorney general or registration by the comptroller, that the ad valorem taxes or revenues, income, or receipts that may be pledged to payment of the notes will be sufficient to pay the principal of and interest on the notes.
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 E. Finances and Bonds › Section 775.0821. Alternative to Audit of District in Less Populous Counties

Sec. 775.0821.  ALTERNATIVE TO AUDIT OF DISTRICT IN LESS POPULOUS COUNTIES.  (a)  This section applies only to a district to which Section 775.082 applies that:
(1)  did not have any outstanding bonds secured by ad valorem taxes or any outstanding liabilities secured by ad valorem taxes having a term of more than one year during the previous fiscal year;
(2)  did not receive more than a total of $250,000 in gross receipts from operations, loans, taxes, or contributions during the previous fiscal year; and
(3)  did not have a total of more than $250,000 in cash and temporary investments during the previous fiscal year.
(b)  Instead of filing an audit report under Section 775.082, a district to which this section applies may file compiled financial statements with the commissioners court of each county in which any part of the district is located.
(c)  The district must file with the compiled financial statements an affidavit signed by an authorized district representative attesting to the accuracy and authenticity of the statements.
(d)  The provisions of Section 775.082 relating to deadlines for filing an audit and the procedures and penalties relating to the failure of a district to file an audit apply to the filing of compiled financial statements under this section.
(e)  A district that files compiled financial statements in accordance with Subsection (b) and that maintains an Internet website shall have posted on the district's website the compiled financial statements for the most recent three years.
Added by Acts 2013, 83rd Leg., R.S., Ch. 719 (H.B. 3764), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1068 (H.B. 2257), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter E. Finances and Bonds › Section 775.0825. Audit of District in Certain Populous Counties

Sec. 775.0825.  AUDIT OF DISTRICT IN CERTAIN POPULOUS COUNTIES.  (a)  This section applies only to a district located wholly in a county with a population of more than three million.
(b)  A district shall prepare on or before July 1 of each year an audit of the district's fiscal accounts and records.
(c)  The audit shall be performed and the report shall be prepared at the expense of the district.
(d)  The audit shall be available for review and inspection at the administrative office of the district.
(e)  A copy of the audit shall be filed with the clerk of the county commissioner's court within 30 days after receipt by the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 900 (H.B. 2653), Sec. 8, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter E. Finances and Bonds › Section 775.083. Annual Report

Sec. 775.083.  ANNUAL REPORT.  (a)  On or before January 1 of each year, a district shall file with the Texas Division of Emergency Management an annual report that includes the following:
(1)  the district's name;
(2)  the name of each county in which the district is located;
(3)  the district's business address;
(4)  the name, mailing address, and term of office of each commissioner;
(5)  the name, mailing address, and term of office of the district's general manager, executive director, and fire chief;
(6)  the name of each legal counsel or other consultant for the district; and
(7)  the district's annual budget and tax rate for the preceding fiscal year.
(b)  The Texas Division of Emergency Management may not charge a fee for filing the report.
(c)  The Texas Division of Emergency Management shall develop and maintain an Internet-based system that enables:
(1)  a district to securely file the report and update the district's information; and
(2)  the public to view, in a searchable format, the reports filed by districts under this section.
(d)  If the information included in a district's annual report changes, the district shall update the district's information using the Internet-based system before the end of the calendar quarter in which the district's information changes.
Added by Acts 1997, 75th Leg., ch. 392, Sec. 6, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 235, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 112 (H.B. 1918), Sec. 98, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 1019 (H.B. 1510), 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 E. Finances and Bonds › Section 775.085. Loan for Real Property or Emergency Services Equipment

Sec. 775.085.  LOAN FOR REAL PROPERTY OR EMERGENCY SERVICES EQUIPMENT.  (a)  The board, on the behalf of the district, may borrow money and make other financial arrangements to purchase real property or emergency services equipment or construct emergency services facilities in the amount and subject to a rate of interest or other conditions the board considers advisable.
(b)  To secure a loan under this section, the board may pledge:
(1)  tax revenues or funds on hand that are not otherwise pledged to pay a debt of the district;  or
(2)  the real property acquired or improved or equipment acquired with the borrowed money.
(c)  If tax revenues are pledged to pay a loan, the loan must mature not later than the:
(1)  10th anniversary of the date the loan is made, if the loan is for equipment;  or
(2)  20th anniversary of the date the loan is made, if the loan is for real property.
(d)  Section 775.077 does not apply to a loan secured under this section, including a loan made before the effective date of this subsection.
Added by Acts 1999, 76th Leg., ch. 496, Sec. 13, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1140, Sec. 8, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 235, Sec. 11, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 930, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 13, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.101. Creation

Sec. 775.101.  CREATION.  (a)  A district may create the office of district fire marshal if a county in which the district is located does not have a county fire marshal.
(b)  The district shall appoint an individual to serve in the office of fire marshal.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.102. Term

Sec. 775.102.  TERM.  The fire marshal serves a two-year term.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.103. Bond

Sec. 775.103.  BOND.  The fire marshal shall post a bond in the amount required by the district and conditioned on the faithful and strict performance of the fire marshal's duties under this subchapter.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.104. Conflict of Interest

Sec. 775.104.  CONFLICT OF INTEREST.  The fire marshal may not:
(1)  have a direct or indirect financial interest in the sale of fire-fighting equipment;  or
(2)  be engaged in the business of fire insurance.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.105. Administrative Support

Sec. 775.105.  ADMINISTRATIVE SUPPORT.  The district may provide facilities, equipment, transportation, employees, and other services and assistance to the fire marshal, including investigators.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.106. Jurisdiction

Sec. 775.106.  JURISDICTION.  (a)  Except as provided by Section 775.107 or 775.115, the fire marshal may not exercise the powers granted under this subchapter in:
(1)  the territory of a municipality that has a municipal fire marshal;  or
(2)  the territory of a county that has a county fire marshal.
(b)  This subchapter does not change or otherwise limit the authority of any state agency to prevent and extinguish forest and grass fires.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.107. Transfer of Jurisdiction

Sec. 775.107.  TRANSFER OF JURISDICTION.  (a)  This section applies if:
(1)  a county in which a district is located creates a county fire marshal under Subchapter B, Chapter 352, Local Government Code;  or
(2)  a municipality located in the district creates a municipal fire marshal.
(b)  Not later than the 30th day after the creation of the county or municipal fire marshal, the jurisdiction of the district fire marshal in that county or municipality ceases.  The new county or municipal fire marshal shall assume control over any pending investigations, court proceedings, or other matters being handled by the district fire marshal in the county or municipality.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.108. General Powers and Duties

Sec. 775.108.  GENERAL POWERS AND DUTIES.  The fire marshal shall:
(1)  investigate the cause, origin, and circumstances of each fire that damages property;
(2)  determine whether the fire was caused by negligent or intentional conduct;  and
(3)  enforce all state, county, and district orders and rules that relate to fires, explosions, or damages caused by a fire or an explosion.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.109. Investigations

Sec. 775.109.  INVESTIGATIONS.  (a)  The fire marshal shall begin an investigation within 24 hours after notification of a fire.  The 24-hour period does not include Sunday.
(b)  The fire marshal may investigate attempted fires.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter F. Fire Marshal › Section 775.110. Inspection

Sec. 775.110.  INSPECTION.  (a)  The fire marshal may, at any time of day, enter and inspect:
(1)  property where a fire has occurred;  and
(2)  property adjacent to where a fire occurred.
(b)  The fire marshal shall conduct this inspection in a manner least inconvenient to any persons living on the property.
Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.