ORDER NO. 19542 ORDER CALLING FOR A SPECIAL ELECTION FOR THE CREATION OF KERB COUNTY RURAL FIRE PREVENTION DISTRICT #1 AND THE LEVY OF ANNUAL TAXES AT A RATE NOT TO EXCEF_D 3 CENTS ON EACH 5100.00 VALUATION OF ALL TAXABLE PROPERTY IN THE DISTRICT An election is hereby ordered to be held on August 11, 1990 for the purpose o£ voting "F'OR" or "AGAINST": "The creation of Kerr County Fire Prevention District #1 and the levy o£ annual taxes at a rate not to exceed 3 cents on each 5100.00 valuation of all taxable property in the district." Absentee voting by personal appearance will be conducted each weekday, Monday through Friday, between the hours o£ 9:00 A. M. and 5:00 P. M., beginning on Monday July 23, 1990 and ending on Tuesday, August 7, 1550, at the KERR COUNTY COURTHOUSE, 700 MAIN, KEkRVILLE, TEXAS. Motion made by Commissioner Baldwin, seconded by Commissioner Holekamp and unanimously approved. Issued this the 31st day of May, 1990. DANNY ~ EDWARDS Kerr County Judge • pi FneF FURN ISH ONE ORIGINAL A ND SEVEN COPIES OF THIS RFQUESTAND DOCUMENTS r MADE BY: ~~ OFFICE: ~V-" MEETING DATE: ~ ~~ TIME PREFERRED: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT (.-6 i 5 i S111n ~~i ~._ _ )C~~ -- Time for submitting this request for Court to assure that the matter is posted In accordance with Article 6252- 1 7 Is as follows: • Meetings held on second Monday: 12:00 P. M. previous Wednesday • Meetings held on Thursdays: 5:00 P. M. previous Thursday. If preferable, Agenda Requests may be made on office stationery with the above Information attached. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: ~ ~` ~_ , All Agenda Requests will be screened by the County Judge's Office to determine If adequate Information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. ORDER ~' 19542 ORDER ~S'ING~ ~~ON F ION ION ~RRL3RAL FIRE F O~ANNU~' D~TRIG~~~ r7QT TO ~Or1 OF TAXES ~ ~~ $100.00 ~ DISZ'~~ A~TAY~+A$LE PROPER'LK NAY 31, 1990 Vol. R, p9. 846 ORDER NO. 19542 ORDER CALLING FOR A SPECIAL ELECTION FOR THE CREATION OF KERB COUNTY RURAL FIRE PREVENTION DISTRICT #1 AND THE LEVY OF ANNUAL TAXES AT A RATE NOT TO EXCEED 3 CENTS ON EACH 5100.00 VALUATION OF ALL TAXABLE PROPERTY IN THE DISTRICT On this the 31st day o£ May 1990, upon motion made by Commissioner Baldwin, seconded by Commissioner Holekamp, the Court unanimously approved thaw---e-apex--<-~= ction be .for August 11, 1990 for election preci_~ts~~ 5,_and---~at~d <~ some election precinct 1 (Bear Paw Ranch), and that ballots seta 1 be prin e vide for voting for or agair~s"t "The creation o Kerr County ire Prevention District #1 and the levy o£ annual t s t a rate not to exceed 3 cents on each 5100.00 valuation o£ a taxable property in the district." C r 4 ~~ ~- C~~ . 7 ~~~~ y ~ - Prcuribcd by Sarctary of State Sections 3.006, 83.010, 85.004, 85.007, VT.C.A., EIx[ion Code 1/86 SAMPLE An election is hereby ordered to be held on ~ 0 for the purpose of: fy~9tiC,fJSr~a~ ~~a~" J7 , (date) U _~ ~~~~ ~ Absentee voting by personal appearance will be conducted each weekday ~!/)anlcl,~y z-!r~ (location) Note: If county clerk is not the absentee voting clerk, this information in the block is required. between the hours of a.m. and p.m. beginning on (date) and ending on Applications for ballot by mail shall be mailed to: ORDER OF SPECIAL ELECTION (date) (Name of Absentee Voting Clerk) (Address) (City) (Zip Code) Applications for ballots by mail must be received no later than the close of business on (date) Issued this the day of 19 _ /~ ,/~ Signature of C unty Judge~~ ,, ~~-e-n, /n G~-c~C ~ lid . /tea-Cs.~ ~ Q,e c-~Q ~ ~ ~ ~ ~[~~za,-,-, NOTICE OF HEARING (1) Creation of a Rural Fire Prevention District is proposed. (2) the district is to be created and is to operate under Article III, Section 48-d, of the Texas Constitution. (3) the name of the proposed district shall be "Ingram Rural Fire Prevention District Number 1." (4) the district's boundaries as stated in the petition is the area included within the metes and bounds, attached hereto, describing the service area of the Ingram Volunteer Fire Department. (5) the place, date, and time of the hearing: County Court- room, May 24, 1990 at 1:30 P.M. (6) that each person who has an interest in the creation of the district is invited to attend the hearing and to present the person's opinion for or against creation of the district. LTH AND SAFETY CODE e, $ppETY § 794.018 Tltle.4 Clu 794 he notice and shall deliver. - public safety, welfare, and convenience; and will "aid in conserving the real , posting and publicationas' , ` property or natural resources in .the .proposed district .the commissioners ' trourt shall grant the petition and fix the district's boundaries ;,,, , n which the hearing will be (b) If the proposed district will include territory in the municipal limits or t the courthouse door. The - extraterritorial jurisdiction of one or more municipalities in the district, the :wspaper of general circula• ~nsecutiv -' rpmmissioners court of the county in which the municipality is located must, ' e weeks. The first ~ determine if the district would still .meet the qualifications prescribed by before the date on which Subsection (a) if the territory in the municipality's limits or-extraterritorial ? jurisdiction is excluded from the district. The commissioners court must make nust: -. the;territory,of which will be included in this finding for each municipality lotice; ''i . `; the district.. '., ;, ,; ;: „ (c) If the commissioners court finds that the. proposed ;district does not posted or published ";; nd meet the requirements prescribed by Subsection (a), the commissioners court ~ ; a . lice. , shall deny the petition. _. _ se ,. :, ;- ..,_ . Acts 1989, 71st Leg., ch. 678, § 1, eff: Sept. 1, 1989. Historical Note, _„ ' 3rd Leg., p, 609, ch. 260, § 2,' n Civ St ' p. 610, 'ch. 26Q~ §~ 4. Prior Law: ~ ~ ~ - "'- - ~ Acts 1973, 63rd Leg., 130; ch. 57. ~ ~ ~ Acts 1985, 69th Leg., ch. 93, § 2..1..x; :r. ' ' 55th Leg p Acts 1957 . . . art. 2351a-6, §§ y(2j; , 4. ., . , Acts 1959, 57th Leg., p. 31, ch. 19, § 1. Acts 1987, 70th Leg., ch. 730, § 1.. ~ ~ 6; BA.- Acts 1967, 60thLeg., p. 1089, ch. 478,§ t ~ Veinon'sAnn.Civ.St. art. 2351a-ti, §§ § 794.018. Electton . ,~ ~ ~' _, ... ~ ~ ~., ~ . ,. . a later date then set, the ;? a petition; the commissioners `courf'shalY order; an (a) On the granting of d each issue relating to ~ . election to confirm the district's creation and authorize the levy of a tax nlit to ~° .: exceed three cents on each ~ 100 of the taxable value of property taxable" by . commissioners court in>~j ~ ,,.,o~;: the district - ~ `' " ''"'`' "`` `'" ~ ~ rtion of the district and .`` w~ '' ~~ '"~ ' ~ ''"" ~ ~'~- -~~ ~ ~ ~~~-~~~~ - ,. (b) If the petition indicates that the proposed district will contain territory in more than one county, the commissioners court may not, order, an election aion to determine eai;Il' ` court of each. county ~in which the. district ,will. be until the commissioners ssue incidental orders it "`~ . located has granted the petition. . commissioners court ~ necessary, ' ~ ` (c) Subject to Section 4.003, Election Code, the notice of the election shall be given in the same manner as the`riotice of the petition hearing (d) The election shall be held on the first authorized uniform election date prescribed by the Election Code that allows_sufficienf hirie,to,comply'with Leg., p. 1089, ch. 478, § 1. ., v St other TCClulremt',ntS of law. _' ~ ~+' ~ ~" - ' ._-. 1 .u' h. . . art. 2351 a-6, § 5, - .. ,;~ :~ ;4 Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. - 3 Historical Note is that creation of the Prior Law• ~ ,' Ass 1967 `60th.Leg p .f089 ch 478; § 1. ' ` Str1CY, will secure th 260,'§' 3. Acts' 1973'"63rd Leg p "610 ch Acts 1957 55th Leg p 130, ch 57 ' e ~ .Vernons Ann.Civ. St. art. 2351a~,§ 8. -~-- Acts 1959, 57th Leg, p. 31, ch. 19, § L •' 824 HEALTH AhiD SAFETY CODE ' ~ ' ~h;`794 Tttleq (b) For purposes of this se ~, ,, _>. Election Result and Commissioners Court Order• • ~ . t he election approving its cn ca) A district is~created and organized under this.chapter if a malontyofthe' • s'reation of,two or:more distr votes cast in the election favor creation of the district. ~"" f- ' created district is the distri most recently h s limtts or extra. (b) A district may not include territory in a_municipality 794.016 was territorial jurisdiction unless a majority of the voters residing in that territory • ; ,(c} The fact that a distri who vote at the election vote in favor of creating the district and levying a tac ; boundaries of another distr The exclusion of that territory does not affect the creation of a district that ch. 678, ~ 71st Leg. includes the remainder of the proposed territory if the commissioners coitrt's , .,Acts 1989, • findings under Section 794.017 were favorable''to'the'district's creatior, "° (c) If a majority of those voting of the'e(ection vote against creation of `the ri or Law: , p district, the commissioners court may not order another election for at least ` Apis 1957, 55th Leg., p" 130, ch. 31, ch. h L P one year after the date of the most recent election concernin creation of tbe g eg•, • =?kActs 1959,• 57t 1089, 60th Leg. P• district. ~~ - ~ - ~ - - ~ ~ ~ • ~_•~ ~ -- e'.. , .`;Acts 1967, (d) When a district is created, the commissioners court' of each county iA , [Sections 794.C ~' ` ~` `' which the district is located shall enter an order in its minutes that reads - - • a substantially as follows: ~ ` r Whereas, at an election held on the day of , 19_, in ` SUBCHAPTER C, that part of County, State of Texas, described as (insert descrlp~, _, ~s :' :. lion unless the district is countywide), there was submitted to the qualified ~ '794 031. District Pos , voters the question of whether that territory 'should be formed .into a ivral ' "'` , °. ~ " ict is a political s[ t di ' fire prevention district under state law; and r s A Y~» district ma} Whereas, at the election votes were cast in favor of formation of the ~ 'the district, a purchase ire ' district and votes were cast against formation; and ~ , (1) acqu ,~~ personal property or at Whereas, the formation of the rural fire.prevention.district received the vided b h i s • l a' ~ (2) enter into and pe jp pro e e ect a 7 or affirmative vote of the majority of the votes cast at t , oint and emp : 3 law; ( ) app .r, ~.., Now, therefore, the Commissioners Court of County, State of ; "` ' (4) sue and be sued; Texas, finds and orders that the tract described in this order has .been duly:'"` ~* (5) levy and enforce and legally formed into a rural fire'prevention'disfrict (or a portion thereof) ' ` ~" °(6) accept and recei• ' ,under Article III; Section 48=d, of the Texas ~ under the name of mat µ.(7) lease, o o' Constitution, and has the powers vested by law imthe district.""' ` =i;',=; i r er f ecessary or p P Acts 1989, 71st Leg., ch. 678, § i, eff. Sept. 1, 1989 i ~ f and extinguish fires it • ' ~ . ' ' ` 1' l N te Hi ori ~.) (8)'lease, own, and e o , st ca ,;,r," :i; ,.,+~, a3 { ~ ~ necessaryto house; r Acts 1985 69th Leg ch. 93, § 2 Prior Law: - t ' ' ~ ~~='(9) COritracf wit11 O . ~~~);, •a;i Acts~1985, 69th Leg.,:ch 920 § l Acts 1857, 55th Leg., p.; 130, ch: 57 :.- . 1 , ~~ h make fire-figh t .,, Acts 1959, 57[h Leg., p. 31, c : 19, § ~~. .Acts 1987,,.70th Leg., ch:.730; §,1,. _s,,3.1n Acts 1967, 60th Leg., p. 1089,'chi'478, § 1~,'-" Vernons Anh.Civ St art. 2351a-6 -§$~BA; 4. ' o .,.ues, 'enc' ~`rescue''and am , B y Acts 1973, 63rd Leg., pp. 610 to 611, ch. 260, "...... ,.:rr • ~ ~ : "T:asNi~ , ,: ct with ' §§ a, 5. _ , ,. - ~ ^ ?-'~ :~+{10) contra --~ het;' for reciprocal c § 794.020. Overlapping Districts `parties find that recii rt 4defrimental to the' di (a) If the territory in one or more districts overlaps, the commissioners `' ' '" ° ' : (11) lease, own, m most recently created district fs located, by court of the county in which tlie nd emergenc ~~' order -shall exclude the overlapping territory from that district. ~ ,. merit, a '~ 830 ~' iEALTH AMID SAFETY e tinder Subsection (a), the dces that comply with, stag the State Board of Insw 1, 1987, 70th I.eg., ch. 282, § 1. m's Ann.CivSt. art. 45964, § 1. , !, ~ ~ ~ a /// ~~ c, Historical Note taw: ch. 1044, § 1. art. 3972.3, § 2. Croas Refuences Class A misdemeanors; see V.T.C.A. Penal Code, § 12.21. 794. RURAL FIRE PREVENTION DISTRICTS SUBCHAPTER A. GENERAL PROVISIONS [RE EXIT ALARMS.. SUBCHAPTER B. CREATION OF DISTRICT [Sections 794.004 to 794.010 reserved for expansion] other means of egress as a fire escape or em n or in the immediate ed to sound an alarm re exit is made. Definitions. Liberal Construction. Authorization. Petition for Creation of District Located Wholly in One County. Petition for Creation of District Located in More Than One County. Contents of Petition. Creation of District That Includes Municipal Territory. Filing of Petition and Notice of Hearing. Hearing. Petition Approval, Election. Election Result and Commissioners Court Order. Overlapping Districts. jSections 794.021 to 794.030 reserved for expansion] uses a fire exit alarm to by a person having latt ~f the building in which tisdemeanor, SUBCHAPTER C. ORGANIZATION, POWERS, AND DUTIES i. District Powers. 2. Certain Businesses Not Subject to Tax or District Powers. 3. Appointment of Board in District Located Wholly in One County. 3. Election of Board in District Located in More Than One County. 5. Powers and Duties of Hoard. 5. Officers of Board. 7. Compensation; Conflict of Interest. (Sections 794.038 to 794.050 reserved for expansion) SUBCHAPTER D. CHANGE IN BOUNDARIES OR DISSOLUTION OF DISTRICT Expansion of District Territory. Exclusion of Territory Located in Other Taxing Authority. 823 § 794.001 HEALTH AND SAFETY Section 794.053. Removal of Certain Territory by Governing Body of Municipality. 794.054. Payment of Debt by Excluded Territory. 794.055. Annexation by Adjacent District. 794.056. Petition for Dissolution; Notice of Hearing. 794.057. Hearing. 794.058. Appeal. 794.059. Election to Confirm Dissolution. 794.060. Administration of Property, Debts, and Assets After Dissolution. [Sections 794.061 to 794.070 reserved for expansion] SUBCHAPTER E. FINANCES AND BONDS 794.071. Limitation on Indebtedness. 794.072. Depositories. 794.073. Method of Payment. 794.074. Competitive Bids Requirement. 794.075. Taxes. 794.076. Bonds and Notes Authorized. 794.077. Election to Approve Bonds and Notes. 794.078. Bond Anticipation Notes. 794.079. Refunding Bonds. 794.080. Approval and Registration of Bonds. 794.081. Bonds as Investments and Security for Deposits. SUBCHAPTER A. GENERAL PROVISIONS § 794.001. Definitions In this chapter: (i) "Board" means the board of fire commissioners. (2) "District" means a rural fire prevention district created under chapter. Acts 1989, 7lst Leg., ch. 678, § 1, eff. Sept. 1, 1989. § 794.002. Liberal Construction This chapter and a proceeding under this chapter shalt be liberally con. strued to achieve the purposes of this chapter. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Historical Note Prior law: Acts 1967, 60th Leg., p. 1089; ch. 478, § 4 Acts 1957, 55th Leg., p. 130, ch. 57. Vernons Ann.Civ.St. art. 2351a-6, § 15. Acts 1959, 57th Leg., p. 31, ch. 19, § 1. 824 79a 794.003. Authorizatic A rural fire prevention d xKion 48~, of the Texas npertv fcom fire and to 1989, 71st Leg., ch. 678, for Law: Acts 1957, 55th Leg., p. 130, ch. Acts 1959, 57th Leg., p. 31, ch. [Sections 794.0 SUBCHAPT 794.011. Petition for t ty (a) Before a district ioc: iunty judge of that count lalified voters who own t ere are fewer than 100 0 ajority of those voters. (b) 1'he name of the distri ttmty Rural Fire. Preventic tmty and the proper cons is 1989, 71st Leg., ch. 678, § rbr Law: Acts 1957, 55th Leg., p. 130, ch. . Acts 1959, 57th Leg., p. 31, ch. 1! ~§ 794.012. Petition for County (a) Before a district that cc may be created, the count ':'district will be located must ivoters who own taxable rea' that judge presides and in t} `tif those voters, the petition (b) The name of the distric Rural Fire Prevention Distri Acts 1989, 71st Leg., ch. 678, § HEALTH AND SAFETY :ruing Body of Municipality. rY• wring. d Assets After Dissolution. served for expansion] :FS AND BONDS § 794.012 794.003. Authorization rural fire prevention district may be organized as provided by Article III, ion 48-d, of the Texas Constitution and by this chapter to protect life and lertv from fire and to conserve natural and human resources. 1989, 71st Leg„ ch. 678, § 1, eff. Sept. 1, 1989. Historiral Note Lew: Acts 1967, both Leg., p. 1089, ch. 478, § 1. 1937, 55th Leg., p. 130, ch. 37. Acts 1973, 63rd Leg., p. 609, ch. 260, § 1. 1939, 57th Leg., p. 31, ch. 19, § 1. Vernons Ann.Civ.St. art. 2351a-b, § 1. [Sections 794.004 to 794.010 reserved for expansion] SUBCHAPTER B. CREATION OF DISTRICT r Deposits. ItAL PROVISIONS ommissioners. +ention district created under 1989. his chapter shall be IiberalIy pier. 1989. Iota ,cis 1967, 60th Leg., p. 1089, ch. 478; § 'croon's Mn.CivSt. art. 2331a-6, § IS. 794.0((. Petition for Creation of District Located Wholly in One Coun- ty (a) Before a district located wholly in one county may be created, the wnry judge of that county must receive a petition signed by at least 100 Ialified voters who own taxable real property in the proposed district. If rcre are fewer than 100 of those voters, the petition must be signed by a ajority of those voters. (b) The name of the district proposed by the petition must be " runty Rural Fire. Prevention District No. ;' with the name of the ronry and the proper consecutive number inserted. 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Historical Note hew: Acts 1967, 60th Leg., p. 1089, ch. 478. § 1. : 1937, 35th Leg., p. 130, ch, 57. Vernon's Ann.Civ.St. art. 2331a-b, § 2(1), (b). 1939, 37th Leg., p. 31, ch. t9, § 1. 794.012, Petition for Creation of District Located in More Than One County (a) Before a district that contains territory located in more than one county wy be created, the county judge of each county in which the proposed (strict will be located must receive a petition signed by at least 100 qualified stets who own taxable real property that is Located in the county in which at judge presides and in the proposed district. If there are fewer than 100 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 " oral Fire Prevention District." 1989, 71st Leg., ch. 678, § ], eff. Sept. 1, 1989. 825 § 794.012 HEALTH A11iD SAFETY CODE SAFETY Title 9 Ch. 794 Htatotical Mote (c) If the mtuticipalit Prior Law: Acts 1973, 63rd Leg., p. 609, ch. 260, § 2. petition requesting fire Acts 1957, 55th Leg., p. 130, ch. 57. Vernon's Ann.CivSt. art. 2353a-6, §§ z(a)(1); the petition submitted u Acts 1959, 57th Leg., p. 31, cll. 19, § i. 2(b). Acts 1967, 60th Leg., p. 1089, ch. 478, § 1. refusal or failure to act of the petition to be inc § 794.013. Contents of Petition (d) If the proposed di: ity as an industrial dist (a) The petition prescribed by Section 794.011 or 794.012 must show: consent to include the i (1) that the district is to be created and is to operate under Article III, pafity's governing body Section 48-d, of the Texas Constitution; obtaining consent to it (2) the name of the proposed district; jurisdiction of a munici (3) the district's boundaries as designated by metes and bounds or other (e) If the municipalit sufficient legal description; within its limits or extra (4) that none of the territory in the district is included in another rural territory may be include is included under this c fire prevention district; and (5) the mailing address of each petitioner. (f) A governing body initiate proceedings to ~ (b) The petition must contain an agreement signed by at least two petition- six months after the da ers that obligates them to pay not more than 6150 of the costs incident to the formation of the district, including the costs of publishing notices, election Acts 1989, 71st Leg., ch. 6 costs, and other necessary and incidental expenses. Acts 1989, 71st Leg., ch. 678, § I, eff. Sept. 1, 1984. Prior Law.; Acts 1957, Ssth Leg., D• 13t Historical 1ltote Acts 1959, 57th Leg.. p. 31, Prtor Law: Acts 1973, 63rd Leg., p. 609, ch. 260, § 2. Acts 1957, 55th Leg., p. 130, ch. 57. Vernon's Ann.Civ.St. art. 1351a-6, §§ 2(2), Acts 1959, 57th Leg., p. 31, ch. 19, 4 1. (3); 2(a)(2); 3. § 794.015. Filing of Alts 1967, 60th Leg., p. 1089, ch. 478, § 1. (a) If the petition is § 794.014. Creation of District That Includes Municipal Territory petition and shall file f (b) At the next regal: (a) Before a district may be created that contains territory in a municipali- after the petition is file) ty's limits or extraterritorial jurisdiction, a written request to be included in set a place, date, and ti the district must be presented to the municipalit}~s governing body. Except (c) The county clerk as provided by Subsection (c), that territory may not be included in the district unless the municipality>'s governing body gives its written consent on state~ ' or before the 60th day after the date on which the municipality receives the (1) that creation of request. (2) that the district (b) If the municipality's governing body does not consent to inclusion Section 48-d, of the ' within the 60•tlay period prescribed by Subsection (a), a majority of the (3) the name of thl qualified voters and the owners of at least 50 percent of the territory in the ' (4) the district's be municipality s limits or extraterritorial jurisdiction that would have been included in the district may petition the governing body to make fire protec- (5) the place, date, tion available. The petition must be submitted to the governing body not (6) that each perso later than the 90th day after the date on which the municipality receives the invited to attend the request. against creation of t} 826 Texu Ilsatt~ 8 Safely PN II 1! EAI.TIi AHD SAFETY TY $ 794.015 ~. 794 973 63rd 609 k h (c) If the municipality's governing body refuses or fails to act on the ' , , e g•. p. . 260. Ii i s Ann,Civ.St. art. 233ta-6 §§ 2(~x lion requesting fire protection within six months after the date on which ' , petition submitted under Subsection (b) is received, the governing body s or failure to act constitutes consent for the territory that fs the subject the petition to be included in the proposed district. (d) If the proposed district will include territory designated by a municipai- .Ol l or 794 012 kl' ~ an industrial district under Section 42.044, Local Government Code, . must sh nsent to include the industrial district must be obtained from the munici- to operate under Article pality~s governing body In the same manner provided by this section for obtaining consent to include territory within the limits or extraterritorial Jurisdiction of a municipality. ~y metes and bounds or other (e) If the municipalit}~s governing body consents to inclusion of territory within its limits or extraterritorial jurisdiction, or in an industrial district, the is included in another rota( territory may be Included in the district in the same manner as other territory is included under this chapter. ~ (f) A governing body's consent to include territory in the district and to fined by at least two petitioo- initiate proceedings to create a district as prescribed by this chapter expires ~0 of the costs incident to the ~ months after the date on which the consent is given. publishing notices, electigq tActs 1989, 71st Leg., ch. 678, § i, eff. Sept 1, 1989. :es. , ? Htstortcal Note `t` hbr Lew: Acts 1967, 60th L eg., p. 1089, ch. 478, § 1. Acts 1957, 55th Leg., p. 130, ch. 57. Acts 1985, 69th Leg., ch. 93, § 1. Acts 1959, 57th Leg., p. 31, ch, 19, § 1. Vernon's Ann.Civ.St. art. 2351a-6, § 8B. S, 63rd Leg„ p. 609, ch. 260, f }. Ann.CivSt. art. 2351x.6, §§ I(2~ . J(2); 3. ~ 794.015. Filing of Petition and Nottce of Hearing (a) If the petition is in proper form, the county judge may receive the MuNcipal Territory petition and shall file the petition with the county clerk. ro) At the next regular or special session of the commissioners court held ^s territory in a mtutici in ,after the petition is filed with the county clerk, the commissioners court shall n request to be included ' set a place, date, and time for the hearing to consider the petition. ~ s governing body. Except ay not be included in the ; (c) The county clerk shall issue a notice of the hearing. The notice must ;fives its written consent op state: e municipality receives the (1) that creation of a district is proposed; (2) that the district is to be created and is to operate under Article III, not consent to inclusiop Section 48-d, of the Texas Constitution; ion (a), a majority of the (3) the name of the proposed district; cent of the territory in the on that would have beep (4) the district's boundaries as stated in the petition; body to make fire prote~ (5) the place, date, and time of the hearing; and :o the governing body not (6) that each person who has an interest in the creation of the district is :municipality receives the invited to attend the hearing and to present the person's opinion for or against creation of the district. T~:u Hedh i adeU' PuI 11 1900 Pe,R,h.-2D 827 § 794.015 HEALTH RAID SAFETY CODE gA~,Ty . . • Title 4 Ch. 794 (d) The county clerk shall sufficient copies of the notic prescribed by Subsection (e). retain a copy of the notice and shall deliver e to the sheriff for posting and publication as (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 circula• tion 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 1489, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Historical 11Iote Prior Latw. Acts 1973, 63rd Leg., p. 609, ch. 260, § L Acts ]957, 55th Leg., p, 130, eh. 57. Vernon's Ann.CivSt. art. 2351a-6, §§ 2(2k Acts 1959, 57th Leg., p, 31, ch. 19, § 1. 2(aX2); 3, 4. Acts 1967, 60th Leg., p. 1089, eh. 478, § 1. § 794.016. Hearing (a) At the time and place set for the hearing or at a later date then set, tb¢ commissioners court shall consider the petition and each issue relating to creation of the district. (b) Any interested person may appear before the commissfoners court la person or by attorney to support or' oppose the creation of the district and may offer pertinent testimony. (c) The commissioners court has exclusive jurisdiction to determine ead1~ issue relating to the creation of the district and may issue incidental orders k considers proper in relation to the issues before the commissioners court. The commissioners court may adjourn the hearing as necessary, 1 Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Historical IQote Prior i.aw: Acts 1967, 60th Leg., p. 1089, ch. 478, § Acts 1957, 55th Leg., p. 130, ch. 57. Vernon's Ann.Civ.St, art. 235Ya-6, § 5. Acts 1959, 57th Leg., p. 31, ch. 19, § t. § 794.017. Petition Approval (a) If after the hearing the commissioners court finds that creation of district is feasible, wil! bene('it the territory in the district, will secure 828 public safety, welfar property or natural court shall grant the (b) If the proposed exiratetritorial jurisd commissioners court determine if the dfs Subsection (a) if the jurisdiction is exclude this finding For each the district. (c) If the commis meet the requirement shall deny the petition Acts 1989, 71st Leg., ch. Ator Law: Acts 1957, SSth Leg., p. 1 Acts 1959, 57th Leg., p. 3 Acts 1967, 60th Leg„ p. $ 794.018. Electio (a) On the gralttinl election to confirm th exceed three cents of the district, (b) If the petition i in more than one cot until the commissiol located has granted t (c) Subject to Sect be given in the same (d) The election st prescribed by the E other requirements Acts 1989, 71st Leg., c TAor Law: ~~ Acta 1957, SSth Leg„ p ~Acis 1939, 57[h Leg., p HEALTH A11iD opy of the notice and shall ~eriff for posting and publia he date on which the hearing :notice at the courthouse doe d in a newspaper of general t 'or two consecutive weeks. T :21st day before the date on notice must: of the notice; nice was posted or fished notice. .989. § 794.018 ~Uc safety, welfare, and convenience, and wil! aid in conserving the real iperty or natural resources in the proposed district, the commissioners trt shall grant the petition and fix the district's boundaries. b) If the proposed district will include territory in the municipal limits or taterritorial jurisdiction of one or more municipalities in the district, the omissioners court of the county in which the municipality is located must Amine if the district would still meet the qualifications prescribed by tSeMion (a) if the territory in the municipality's limits or extraterritorial adiction is excluded from the district. The commissioners court must make finding for each municipality the territory of which will be included in district, :) If the commissioners court finds that the proposed district does not a the requirements prescribed by Subsection (a), the commissioners court II deny the petition. 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ote Historical Note :ts 3973, 63rd Leg., p, 609 ~ ~ 4w: Acts 1973, 63rd Leg., p. 610, ch. 'mono Ann.Civ.St, art. 2351a~, §~ - Aw 1957, SSth Leg., p. ]30, ch. 57. Acts 1985, 69th Leg., ch. 93, § 2. 2(a)(2); 3, 4. Acts 1959, 57th Leg., p. 31, eh. 19, § 1. Acts 1987, 70th Leg., ch. 730, § 1. Acts 1967, 60th Leg., p. 1089, ch. 478, § 1. Vernon's Ann.Civ.St. art. 2351a-6, 794.018. Election ng or at a later date then tition and each issue rel; fore the commissioners cou the creation of the district jurisdiction to determine ld may issue incidental ord efore the commissioners c :wring as necessary. 260, § 4. §§ 6; 8A. ~' (a) On the granting of a petition, the commissioners court shall order an ~dedion to confirm the district's creation and authorize the lery of a tax not to 'exceed three cents on each $100 of the taxable value of property taxable by ~te district. ~ (b) If the petition indicates that the proposed district will contain territory ,N 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. (c) Subject to Section 4.003, Election Code, the notice of the election shalt be given in the same manner as the notice of the petition hearing. (d) The election shall be held on the firs authorized uniform election date 1967, 60th ~ prescribed by the Election Code that allows s tcient time to comply with >~eg-, p. 1089, ch. 478,; other requirements of law. m's Mn.Ctv.St. art, 2351a-6, § S. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Historical Note :otuK finds that ereatIon of ' IMor Lavr. Acts 1967, both Leg., p. 1089, ch. a7s, § 1. n the district, will secure Acts 1957, 55th Leg., p. 130, ch. 57. Acts 1973, 63rd Leg., p. 610, ch. 260, § 3. Acts 1959, 57th Leg., p. 31, ch. 19, § 1. Vernon's Ann.Civ. St. art. 2351afi, § 8. 829 $ 794.019 HEALTH AND SAFETY CODS.i ~' :SAFETY T(tle~! ,Cb.-794 § 794.019. Election Result and Commissioners Court Order (b) For purpose (a) A district is created and organized under this chapter if a majority of the the election apprm creation of two or ~ votes cast in the election favor creation of the district. created district i (b) A district may not include territory in a municipality's limits or extra- s 794.016 was most 1 territorial jurisdiction unless a majority of the voters residing in that territory ~ (c) The fact tha~ who vote at the election vote in favor of creating the district and levying a tax. boundaries of anon '- The exclusion of that territory does not affect the creation of a district that includes the remainder of the proposed territory if the commissioners total's Acts 1989, 71st Leg., findings under Section 794.017 were favorable to the district's creation. (c) If a majority of those voting at the election vote against creation of the ! district, the commissioners court may not order another election for at least ~ PAor Law: one ear after the date of the most recent election concerni creation of the Y nB Acts 1957, 55th Leg„ ; Acts 1959, 57th Le8•. ! dlStriet. Acts 3967, 60th Leg„ (d) When a district is created, the commissioners court of each county in which the district is located shall enter an order in its minutes that reads ' [Seetio substantially as follows: i Whereas, at an election held on the day of 19_, in that part of County, State of Texas, described as (insert descrip• , ( SUBCHAPT lion unless the district is countywide), there was submitted to the qualified h $794 031 voters the question of whether that territory should be formed into a rural . . Distr fire prevention district under state law; and j A district is a poli Whereas, at the election votes were cast in favor of formation of the the district, a distri< district and votes were cast against formation; and (1) acquire, pu Whereas, the formation of the rural fire prevention district received the personal property affirmative vote of the majority of the votes cast at the election as provided by : (2) enter into a law; (3} appoint and Now, therefore, the Commissioners Court of County, State of ' (4) sue and be Texas, finds and orders that the tract described in this order has been duly ' (5) levy and eni and legally formed into a rural fire prevention district (or a portion thereof} { (6) accept and under the name of „under Article III, Section 48-d, of the Texas . Constitution, and has the powers vested by law in the district. ~ - (7) lease, own, Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. necessary or proF and extinguish fir Historical ATote ` " ($) lease, own, ' ' Prior Law: AMS 1985, 69th Leg., ch. 93, § 2. - net to houst ~, essary Acta 1957, Ssth Leg., p. 130, ch. S7. Acts 1985, 69th Leg., ch. 920, § 1. Acts 1959, 57th Leg., p. 31, ch. 19, § 1. Acts 1987, 70th Leg., ch. 730, § 1. ~ (9) contract wit ' ' ~ ties to make fir f Acts 1967, 60th Leg., p. 1089, ch. 478, § t. Yern°n's Ann.Civ.St. art. 2351a-6, §§ 8A; ~ Acts 1973, 63rd kg., pp. 610 to 611, ch. 260, , _ , e- ~ ~gency rescue and §§ 4' s' ~ (10) contract wi ~ ~ 'ties, For reciproca § 794.020. Overla in Districts PP g parties find that rc (a) If the territory in one or more districts overlaps, the commissionett '~' detrimental to the court of the county in which the most recently created district is located (11) lease, own, order shalt exclude the overlapping territory from that district, went, and emerge 830 HEALTH MID SAFETY O~FBTY § 794.031 saloners Court Order (b) For purposes of this section, a district is created on the date on which ler this chapter if a majority election approving its creation was held. If the elections approving the the district. 'on of two or more districts are held on the same date, the most recently n a municipality's limits or district is the district for which the hearing required by Section he voters residing in thane .016 was most recently held. [ling the district and levying ( ' (c) The fact that a district is created with boundaries that overlap the ect the creation of a distrtd' daries of another district does not affect the validity of either district. itory if the commissioners '.1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Irable'to the district's ction vote against creation Historical 1Note rder another election for at taws acts 1985, 69th Leg., ch. 526, g 1. eclion concerning creation Of Atts 1957, 55th Leg., p. 130, ch. 57. Vernon's Ann.Civ.St. art. 2351a-b, § 9A(a) to Acts 1959, 57th Leg., P. 3t, ch. 19, § 1. (c), ' ~ • Jps 1967, 60th Leg., p. 1089, ch. 478, § 1. ssioners court of each couli~ order in its minutes that [Sections 794.021 to 794.030 reserved for expansion] _ day of 19 ~ xas, described as (insert d SUBCHAPTER C. ORGANIZATION, POWERS, AND DUTIES was submitted to the q should be formed into a 794.031. District Powers A district is a political subdivision of the state. To perform the functions of :ast in favor of formation of district, a district may: rmation; and (1) acquire, purchase, hold, lease, manage, occupy, and sell real and prevention district received ~ personal property or an interest in properly; st at the election as provided (2) enter into and perform necessary contracts; (3) appoint and employ necessary officers, agents, and employees; f County, State (4) sue and be sued; , ed in this order has been d district (or a portion the (5) levy and enforce the collection of taxes as prescribed by this chapter; III, Section 481, of the T (6) accept and receive donations; w in the district. s. (7j lease, own, maintain, operate, and provide fire engines and other necessary or proper fire protection equipment and machinery to prevent ' and extinguish fires in the district; ' ~ (8) lease, own, and maintain real property, improvements, and fixtures - ass, 69th Leg., ch. 9;, § 2. necessary to house, repair, and maintain fire protection equipment; )8S, 69th Leg„ ch. 920, § 1. >s7, 7ah Leg„ ch. 730 § I ~ (9) contract with other entities, including other districts or municipali- , . is Ann.clv.st. art. z3sla-6, gg SA; ~ ties, to make fire-fighting facilities, fire extinguishment services, and emer- gency rescue and ambulance services avai]able to the district; (10) contract with other entities, including other districts or municipali- ' ties, for 'reciprocal operation of services and facilities if the contracting parties find that reciprocal operation would be mutually beneficial and not overlaps, the commissioners. detrimental to the district; created district is located br° (I1) lease, own, maintain, operate, and provide emergency rescue equip- om that district.. ment, and emergency ambulance service, and other necessary and proper 831 § 794.031 HEALTH AND SAFETY .CQ~ .pY .. . Ti cb. 79a . equipment to prevent loss of life or serious personal injury from fire other hazazds; and (12) perform other acts necessary to carry out the intent of this chap) Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Historical Note " Prior Law: Acts 1967, 60th Leg., p. 1089, ch. 478, §I~ Acts 1957, 55th Leg., p. 130, ch. 57. Acts 1973, 63rd Leg., p. 611, ch. 260, § 1 Acts 1959, 57th Leg., p. 31, ch. 19, § 1. Vernon s Ann.Civ.St. art. 2351a-6, §§ ]0; ~1 § 794.032. Certain Businesses Hot Subject to Tax or District Pow A business entity located in a district is not subject to the tax authorized this chapter or subject to the district's powers if the business entity: (1) provides its own fire protection; (2) receives the appropriate certification from the Texas Industrial F Training Board; and (3) owns or operates fire-fighting equipment equivalent to or better tf a Class I Rural Fire Prevention District or Metropolitan County F Protection System, as defined by the State Board of Insurance on Septe ber 1, 1985. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. i Historical Note Prtor Law: Acts 1967, 60th Leg., pp. 1089, ch. 478, § Acu 1957, 55th Leg., p. 130, ch. 57. Acts 1995, 69th Leg., ch. 526, § 1. Acts 1959, 57th Leg., p. 31, ch. 19, § 1. Vernons Ann.CivSt. art. 2351a-6, § 9A( § 794.033. Appointment of Board in District Located Wholly In Oi County ' (a) The commissioners court of a county in which asingle-county district located shall appoint afive-member board of fire commissioners to serve the district's governing body. Except as prescribed by Subsection (b), cot missioners serve two-year terms. (b) After the votes have been canvassed and the commissioners court ente the order creating the district, the commissioners court shall appoint tl initial fire commissioners to serve until January 1 of the yeaz following V district election. On January 1, the court shalt designate three of those fe commissioners to serve atwo-year term and two of those fire commIssioae to serve aone-year term. (c) On January 1 of each year, the commissioners court shall appoint successor for each fire commissioner whose term has expired. (d) The commissioners court shall fill a vacancy on the board for tf remainder of the unexpired term. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. 832 IMor Law: Acts 1957, 55th Leg., p. 13 Acts 1959, 57th Leg., p. 31 1 § 794.034. Election Cotmt~ (a) The governing E consists of a five-perso, this section. Except as two-yeaz terms. F , (b) After a district to ' judges of each county it in November, other tha officers, to conduct an (c) To be eligible to located in more than o . and a resident of the di (d) A candidate for fi county in the district a office. The notice mus: that the person is servit receipt of the notice, the on the ballot. (e) The county clerks election judge to certify (f) After the election i. deputy shall prepare a s county. The statement s order the appropriate o eleMion costs. (g) The initial fire com yeaz following the electio votes serve one-year tern terms. (h) The general electie authorized election date t Acts 1989, 71st Leg., ch. 678 Prior Lrw: Acts 1957, SSth Leg., p. 130, c Acts 1959, 57th Leg., p. 31, ch Acts 1967, 60th Leg., p. 1089 HEALTH AVID SAFE § 794.034 rious personal it(jtuy from , Hlstosical Dlote 'arty out the intent Of this'' 1av: Acts ]967, 60th Leg., p. 1089, ch. 478, § 1. 1957, 55th Leg., p. 130, ch. 57. Vernon's Ann.CivSt. art. 2351a~, § 13(1), 1989. ~ ~ 1959, 57th Leg., p. 31, ch. 19, § 1. (2). .y ote ~ 034. Election of Board !n District Located in More Than One Ks 1967, 60th kg•. p• 1089, ch. ' :ts 1973, 63rd k8 6 ~ County •. p. 11, ch. ernon's Mn.Civ.st. art, z35ta~, §§ The governing body of a district [orated in more than one county of afive-person board of fire commissioners elected as prescribed by SJeet to Tax or Dlatr[et section. Except as provided by Subsection (g), fire commissioners serve ~t subject to the tax autho :rs if the busines Y~r terms. ) After a district located in more than one county is created, the county s entity: of each county in the district shall mutually establish a convenient day November, other than the date of the general election for state and county n from the Texas Indust , to conduct an election to elect the initial fire commissioners. e) To be eligible to be a candidate for fire commissioner of a district Went equivalent to or better in more than one county, a person must be at least 18 years of age . t or Metropolitan County • Boazd of Insurance o a resident of the district. n (d) A candidate for fire commissioner must give the county clerk of each ty in the district a sworn notice of the candidate's intention to run for '9• ~~ The notice must state the person's name, age, and address and state ~.s ' the person is serving notice of intent to run for fire commissioner. On e ~ ~ 1967, bah Le 1 - ipt of the notice, the county clerk shall have the candidate's name placed „ 089, ch, 4 1985, 69th Le 8 p' e the ballot. on s Ann.Civ.St. art52351a-6, § ~ (e) The county clerks of each county in the district shall jointly appoint an 'on judge to certify the results of the election. strlet Located Wholly In' `(f} After the election is held, the county clerk of each county or the clerk's 1 uty shall prepare a sworn statement of the election costs incurred by the which asingle-county dis ty. The statement shall be given to the newly elected board, which shall ' fire commissioners to serve ~' the appropriate official to reimburse each county for the county s cribed by Subsection (b), deMion costs. (g) The initial fire commissioners' terms of office begin on January I of the the commissioners court a year following the election. The two commissioners who received the fewest oners. court shat! appoint trotes serve one-year terms. The other fire commissioners serve two-year ,, u'Y 1 of the year.following terms. it designate three of th ' ou vo of those fire (h} The general election for commissioner shall be held annually on an commissi •, .authorized election date as provided by Chapter 41, Election Code. ~sioners court shall appo Acts 1989, 71st Leg., ch. 678, § I, eff, Sept. 1, 1989. rm has expired. scan Hlatarlcal 1liote c3',on the board for hior Law: Acts 1973, 63rd Leg., p. 613, ch. 260, § 9. ' Acts 1957, 55th Leg., p. 130, ch. 57. Acts 1985, 69th Leg., ch. 320, § 3. ' ~ ~ Aas 1959, 57th Leg., p. 31, ch. ]9, § 1. Vernods Ann.Civ.St. art. 235ta-6, § 13(a), Acts t%7, 60th Leg., p. ]089, ch. 478, § 1. Subsets. (1), (2). 833 § 794.035 HEALTH AHD SAFETY CO YSAFETY Tltla ttC6.794 ' § 794.035. Powers and Duties of Board ~ (b) Except as a res: 't'~ (a) The board shall: -+~ ~aioner may not have ~ district is a party and (1) hold regular monthly meetings and other meetings as ne l ~.or other things of val (2) keep minutes and records of its acts and proceedings; ~'~ ° Acts 1989 71st Leg ch (3) give reports required by the state fire marshal and other autho ' , ., . , persons; 1 (4) give a written report not later than February 1 of each yeaz to ~.priorLaw: commissioners court regarding the district's administration for the p i Acts 1957, 55th Leg, p. 1 ing calendar year and the district's financial condition; and +.~ ti "' Acu 1959, 57th Leg., p. 3 (5) administer the district in accordance with this chapter. ~ , (b) The board may cause inspections to be made in the district relating ,' a [Sections the causes and prevention of fires. 'gj 1 (c) The board may promote educational programs it considers proper SUBCHAi help carry out the purposes of this chapter. ! ' Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ~ ~ § 794.0$1. Expaosi Historical Note ~ `-' (a) Qualified voters PNor 'raar. Acts 1973, 63rd Leg., ~. 611, ch. 260, ; 'that 15 not included In Acts 1957, 55th Leg., p. 130, ch. 57. Acts 1985, 69th Leg., ch. 320, § 4. a~. 'tboazd requesting the i Acts 1959, 57th Leg., p. 31, ch. 19, § 1. Vernon s Ann.Civ.St. art. 2351a-6, §§ 11; Acts 1967, 60th Leg., p. 1089, ch. a7s, g 1. InuSt be si ed b at I ~ 1 ~ ~ the tem to ry or a n: § 794.036. Officers of Board (b) The board by or. (a) The fire commissioners shall elect from among their members a ~pe tttion to include the °the hearing that is not dent, vice-president, secretary, treasurer, and assistant treasurer to perf es the order the duties usually required of the respective offices. The office of sec . and treasurer may be combined. (c) The secretary of (b) The treasurer must execute and file with the county clerk a ' rice must contain th a territory proposed s duties: The tr conditioned on the faithful execution of the treasurer of a district located in more than one county shall file the bond with • (d) Not later than tht county clerk of the county with the lazgest population in the district. !d, the secretary shat county judge of the county in which the bond is to be filed must Bete (i} post copies of t the amount and sufficiency of the bond before it is filed. public place in the t< Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. (2) publish the not Historical Note ~ :' county. prior Law: Acts 1973, 63rd Leg., p. b13, ch. 260. Acts 1957, 55th Leg., p. 130, ch. 57. Acts 1985, 69th Leg., ch. 320, §§ 2, 3. (e) If after the hearin the district WOUId be h Acu 1959, 57th Leg., p. 31, ch. 19, § 1. Vernon's Mn.C1v.St. art. 2351a-6, § rove the annexation Acts 1967, 60th Leg., p. 1089, ch. 478, § 1. 13(a)(3). t required to ineludt d finds that a mod § 794.037. Compensation; ConfLct of Interest r (>] Annexation of ter (a) Fire commissioners serve without compensation but may be reim ers at an election he for reasonable and necessary expenses incurred in performing official d ate election held 834 ,LTH AI1TD SAFETY her meetings as proceedings; arshaI and other 79a § 794.051 ' _ ) Fatcept as a resident or property owner in the district, a fire commis- ' r may not have an interest in a contract ar transaction to which the ' " ct is a party and under which the fire commissioner may receive money ~ ;other things of value as consideration. wary 1 of each year to; ministration for the pra ndition; and ;i t this chapter. Ie in the district relatitg 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. HiatoHcal Note ~~ Acts 1967, 60th Leg., p. 1089, ch. 478, § 1. 1957, 55th Leg., p. 130, ch. 57. Acts 2985, 69th Leg., ch. 320, § 4. i 1959, 57th Leg., p. 31, ch. 19, § 1. Vernon's Mn.Civ.St. art. 2351a-6, § 14. [Sections 794.038 to 794.050 reserved for expansion] ams it considers proper. SUBCHAPTER D. CHANGE IN BOUNDARIES OR ~, DISSOLUTION OF DISTRICT 794.051. Expanalon of District Territory , 63rd Leg., p' 6t 2, ch. 260 ! ''(a) Qualified voters who own taxable real property in a defined territory , 69th v ~ •• t is not included in,a district may file a petition with the secretary of the nn.Ci Sp art.2351a-6, 4g 11:•'• d requesting the inclusion of the territory in the district. The etition p • be signed by at least 50 qualified voters who own taxable real property 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 rng their members a p 'lion to include the territory in the district. The board shall set a date for slant treaswer to pert ' hearing that is not less than 30 days after the date on which the board ~s. The office of es the order. the count l (c) The secretary of the board shall issue a notice of the hearing. The li t i h i d l f y c erk a ce mus conta n t e t me an p ace or the hearing and a description of rer s duties. The tr all file the bond with w(be territory proposed to be annexed into the district. ; anon in the district (d) Not later than the 16th day before the date on which the hearing will be ~ be filed must Bete +6eld, the secretary shall: filed, ''~' (1) post copies of the notice in three public places in the district and one i'~. ~ ~ public place in the territory proposed to be annexed into the district; and .f giving the notice, and '; (2) the board: the applicable provision (A) despite the lack of protest, refuses to exclude the territory; and it conduct the election only in the district (B) after refusing to exclude the territory, receives a petition requesting , an election that is signed by a majority of the qualified voters who own taxable real property in the territory proposed to be excluded. (h) The provisions of this chapter relating to the election creating the "ct apply to the election notice, the manner and time of giving the notice, 63rd Leg„ p. 76g, ch. 3{l, g 69th Leg., ch. 320, § S. the manner of holding the election under this section. ,nn.ctvst. ert. z35ta-6, § t{a.. ~ (i) ~If a majority of the votes in an election favor excluding the territory m the district, the' board shall enter an order declaring the territory uded from the district and describing the new boundaries of the district. t Other Taxing Au : (j) The board shall file a copy of a resolution or order with the county clerk zt of this section each county in which the district is located. Each county clerk shall erritory that is in ano rd the resolution or order. After the resolution or order is recorded, the tes the same services to luded territory is no longer part of the district. (k) If a majority of the votes in the election are against excluding the the exclusion of terra 'tory, the board may not act on a petition to exclude all or any part of the ' tory before the first anniversary of the date of the most recent election to he exclusion of tet'rito lode the territory. on the issue that is si own taxable real pro 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. section must describe ibe the boundaries of Amendment 6y Acta 1989, 71st Leg., ch. 1132, § 1 V.T.C.A. Government Code, § 311.031(c) provides, in part, that the repeal of a statute by a code does not affect an amendment of the under this section. statute by the same legislature which enacted the code and that the of a hearing to create amendment is preserved and given effect as part of the code provision. The notice must act or the territory to Section I of Acts 1989, 71st Leg., ch. 1132, added § 9C of Vernon's Ann.Civ.St. art. 2351a-6 without reference to the repeal of said article by Acts 1989y 71st Leg., ch. 678, § 13(IJ. As so added, § 9C reads- ' :xcluslon or nonexcl i + EXCLUSION OF TAXING AUTHORITYPROVIDING ITS OWN FIRE us td to present the person' SERVICE. (a) The voters of a taxing authority located in the bound- sties of a rural fire prevention district may exclude the taxing authori- 't'Y• ty from the district under this section if the taxing authority provided d 837 § 794.052 HEALTH AHD SAFETY CO 8][FLt1'Y Tito 7gq services to fight and extinguish fires throughout the taxing authority's t ~ 794.053. Remo territory before the date of the election to confirm the organization of Phi the district under this Act. a '7b) The governing body of the taxing authority shall order an ~~ (a) This section indebtedness election on the exclusion of the taxing authority from the rural fire . > prevention district on receipt o/ a petition signed by at least thret (b) If territory in percent of the registered voters in the taxing authority, or the govern- ~ hlduded in a distrit ing body of the taxing authority on its own motion may call an ,j 'territory from the di election on the exclusion of the taxing authority from the district. The ,, ` (1) the municip: ! provisions of the Election Code governing a petition authorized to be ' 1 filed in connection with an election apply to a petition submitted i prescribed by Sect under this section. ' (2) the territory "(c) The election notice, the manner and time of giving the notice, 1~ ~ Local Government and the manner of holding the election are governed by the applicable '(c) To remove ter. provisions of this Act relating to the election to create a district. ~ tltltticipality must r "(dJ If a majority of the voters voting at the election favor excluding ~ 'tory is excluded the taxing authority from the district, the $oard of Fire Commissioners (d) If a municipal of the district shall enter an osder declaring the territory of the taxing erning body of tb authority excluded from the district and stating the new boundaries of .1 tang that the ann the district. The board shall file a copy of the order in the office of the -1 county clerk of each county in which the district is located. Each i,(e) A district may i ' county clerk shall record the order in the county records After the on for the calenc order is recorded, -the excluded territory is no longer part of the '. tnvever, if the distri district. ~ territory for the "(e) if a majority of the votes in the election do not favor excluding ~ h l d h l i ~ h d dar year in whip or is otherwise inf on to exc u e t er e ect e istrict, anot e the taxing authority from t same taxing authority from the district under this section may not be ? ding service to held earlier than the first anniversary of that election. % ,and redefine t i "(f) The exclusion of territory under this section does not diminish 1 + 1989, 71st Leg., ch or impair the rights of the holders of any outstanding and unpaid F[ bonds, warrants, or other obligations of the district. ' ~ '7g) Territory excluder! under this section is not released from the ' gg7 55th Leg p. s indebtedness. The ; payment of its pro rata share of the district , ., 1959, 57th Leg., p.. district shall continue to levy taxes each year on the excluded territory ~ 1967, loth Leg„ p. at the same rate levied on territory in the district until the amount of .~ ~: taxes collected from the excluded territory equals its pro rata share of '~ the indebtedness of the district at the time the territory was excluded '79x},054. Pa e Ym The taxes collected under this subsection shall be applied exclusively to i' ~'a) The exclusion the payment of the excluded territory's pro rata share of the indebted- ~ nish or impair t ness. The owner of all or part of the excluded territory may pay in , s, warrants or t fult; at any time, the owner's share of the pro rata share of tha [ " ' , )Except as provi ,~ s indebtedness for which taxes are to be collected district 052 or 794.053 Hieeortcai Note 'ct's indebtednes Prior Law: Ac[s 1987, 70[h Leg., ch. 1072. § 1. , .excluded territon taxes Collected fr< Acts 1957, 55th Leg., p. 130, ch. 57. Vernon a Ann.Civ.St. art. 2351a-6, § 9 Acts 1959, 57th Leg., p. 31, ch. ]9, § 1. ~~. redness of the d Acts 1967, 60th Leg., p. 1089, ch. a7g, § t. ed under this s 838 :ACTH AND SAFETY bout the taxing authoril onfirm the organization authority shall order thorny from the rural : signed by at least tit g authority, or the gove own motion may call trity from the district. ; z petition authori2ed to y to a petition submit ' time of giving the nob governed by the applica :lion to create a distn &e election favor exclude yard of Fire Commission. the territory of the tali ring the new boundaries ie order in the office of t district is located Ea county records After t is no longer part of t ?on do not favor exclude &er election to exclude i !er this section may not at election. section does not dimim ~ outstanding and unpc district. : it not released from t :trict's indebtedness. T r on the excluded ferrite 'istrict until the amount 'quals its pro rata share 'he territory was exclude tli be applied exclusively rata share of the indebte uded territory may pay ite pro rata share of tl o be collected " X87, 70th Leg., ch. 1072, § 1. a's Ann.Civ.St. art. 2351a-6, § ~'1'Y § 794.OS4 79a 794.053. Removal of Certain Territory by Governing Body of Munici- pality a) This section applies only to a district that does not have bonded b) If territory in a municipality's limits or extraterritorial jurisdiction is luded in a district, the municipality's governing body may remove that dtory from the district as prescribed by this section if: (I) the municipality agrees to provide fire protection to the territory as rescribed by Section 794.014; or (2) the territory is designated an industrial district under Section 42.044, ,ocal Government Code. :) To remove territory under Subsection (b), the governing body of the atcipality must notify the secretary of the board in writing that the story is excluded from the district's territory. !) If a municipality annexes territory that is included in a district, the erning body of the municipality shall notify the secretary of the board in ling that the annexed territory is excluded from the district's territory. :) A district may collect taxes on property in territory excluded under this ion for the calendar year in which the municipality excludes the territory. never, if the district collects the taxes, the district must provide services to territory for the entire calendar year. Not later than the last day of the adaz year in which the board receives the notice under Subsection (c) or or is otherwise informed of the municipality's actions, the boazd shall stop riding service to the territory, exclude the territory from the district by x, and redefine the district's boundaries. 1989, 71st Leg., ch. 678, § 1, eft. Sept. 1, 1989. Historical Note taw: i 1957, 55th Leg., p. 130, ch. 57. i 1959, 57th Leg., p. 31, ch. 19, § 1. i 1967, 60th Leg., p. 1089, ch. 478, § 1. Acts 1985, 69th Leg., ch. 93, § 3. Acts ]987, 70th Leg., ch. 730, § 3. Vernon's Ann.Civ.St. an. 2351a-6, § 146. Payment of Debt by Excluded Territory [) The exclusion of territory under Section 794.052 or 794.053 does not Anish or impair the rights of the holders of any outstanding and unpaid ds, warrants, or other obligations of the district. t) Except as provided by Section 794.055, territory excluded under Section A52 or 794.053 is not released from the payment of its share of the rict's indebtedness. The district shall continue to levy taxes each year on excluded territory at the same rate levied on territory in the district until taxes collected from the excluded territory equals its pro rata share of the lbtedness of the district at the time the territory was excluded. The taxes feted under this subsection shall be applied exclusively to the payment of 839 § 794.054 HEALTH AND SAfiETY CODB ~ g~TY Title f ~ ' ~ 794 the excluded territory's share of the indebtedness. The owner of all or part of ~ ~ must occur not the excluded territory may pay in full, at any time, the owner's share of ?;:: will be held. pro rata share of the district's indebtedness. t Acts 1989, 71st L Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. s r Historical Mote a Pdor Law: Prior Law: Acts 1987, 70th Leg., ch. 1072, § 1, 2. ~ Acts 1957, 55th L Acts 1959 57th L Acts 1957, 55th Leg., p. 130, ch. 57. Vernon's Ann.Civ.St. art. 2351a~, §§ 9B(k), , Acts 1959, 57th Leg., p. 31, ch. 19, § 1. (!); 14c. Acts 1967, 60th Leg., p. 1089, ch. 478, § I. L § 794.057. >F § 794.055. Annexation by AdJscent District (a) At the her ? rnnsider the pe, {a) If under Section 794.053 a municipality annexes or agrees to provide ~ P (b) Any inter services to the majority of the territory previously included in a district, an oppose the diss~ adjacent district may annex the remaining district territory if: (1) the tax rate in each district is identical; . (cj The boarc (2) neither district has any bonded indebtedness; and ~ Acts 1989, 71st L (3) the board in each district agrees to the annexation by a majority votes (b) A district annexed by another district under this section is dissolved on ~ prior Law: the date on which the annexation takes effect. The annexing district assumes ' Acts 1957, ssth L all rights and responsibilities of the annexed district. i. Acts 1959, 57th L Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. § 794.058. A Historical Note A person or Prior Law: Acts 1967, 60th Leg., p. 1089, ch. 478, 4 L may appeal the Acts 1957, 55th Leg., p. 130, ch. 57. Acts 1987, 70th Leg., ch. 730, § 4. r50n Or OWIIe Acts 1959, 57th Leg., p. 31, ch. 19, § 1. Vernon's Ann.Civ.St. art. 2351a~4, § 14a ~ pe the district is lc § 794.056. Petition for Dissolution; Nlotlce of Hearing Acts 1989, 71st G (a) Before a district may be dissolved, the district's board must receive a r petition signed by at least 100 qualified voters who own taxable real property f Prior Law: in the district or a majority of those voters, whichever is less. Acts t957, ssth L Acts 1959, 57th L (b) If the petition is in proper form, the board shall set a place, date, and ~ . time for a hearing to consider the petition. ' § 794.059. E (c) The board shall issue a notice of the hearing that includes: (1) the name of the district; (a) On the gl ?order an electic (2) a description of the district's boundaries; (b) Notice of ' (3) the proposal that the district be dissolved; and the petition hea (4) the place, date, and time of the hearing on the petition. (c) The electit (d) The notice shalt be published in a newspaper of general circulation ins prescribed by th the district once a week for two consecutive weeks. The first publicati~ requirements of 840 iEALT'H Ai1iD SAFETY T 79a less. ,The owner of all ot; y time, the owner's share 9. 1987, 70th Leg., ch. 1072, § 1, 2.~ on's A»n.Civ.St. art.2357a-6, §§ 14a lct y annexes or agrees to pl iously included in a distrI strict territory if: al; rtedness; and e annexation by a majority nder this section is dissolve The annexing district ass district. 9. $ 794.059 t occur not later than the 21st day before the date on which the hearing be held. 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Htatorlcal Mote Lawt Acts 1967, 60th Leg., p. 1089, ch. 478, § I. 1957, 55th Leg., p. 730, ch. 57. Acts 1977, 65th Leg., p. 1417, ch. 573, § t. 1959, 57th Leg., p. 31, ch. 19, § 1. Vemon's Ann.Civ.St. art. 2351a-6, § 19, 794.057. Hearing (a) At the hearing on the petition to dissolve the district, the board shall lasider the petition and each issue relating to the dissolution of the district. (b) Any interested person may appear before the board to support or Ipose the dissolution. (c) The board shall grant or deny the petition. 1989, 71st Leg., ch. 678, § 1, efF. Sept. 1, 1989. H[stoHcal 1Note IJw: Acts 1967, 60th Leg., p. 1089, ch. 478, § 1. ~, 1957, 55th Leg., p. 130, ch. 57. Acts 2977, 65th Leg., p. 1417, ch. 575. § 1. 1959, 57th Leg., p. 31, ch. 19, § 1. Vernon'a Ann.Civ.St. art. 2351a-6, § 20(a). " 794.058. Appeal A person or an owner of real or personal property located in the district 1%7, 60th Leg., p, 1089, ch. 478, ~ y appeal the board's decision relating to dissolution of the district. The 1987, 70th Leg., ch. 730, § 4. on'a Ann.C1v.SL art, 2351a-6, § 14a nor owner must file the appeal in a district court in a county in which district is located. ce of Hearing 1989, 71st Leg., ch. 678, § ], eff. Sept. 1, 1989. district's board must recei Historical Mote who own taxable real pco ~ Law: Acts 1967, 60th Leg., p. 1089, ch. a78, § 1. NhiCheVer is less. Aas 1957, 55th Leg., p. 130, ch. 57. Vernons Ann.CivSt. art. 235fa-6, § 20(b). Acts 1959, 57th Leg., p. 3!, ch. 19, § 1. , yard shall set a place, date, , raring that inctudes: .ice. Ived; and ig on the petition. ',paper of general ci weeks.. The first 794.059. Election to Confirm Dlssolutlon (a) On the granting of a petition to dissolve the district, the board shall nder an election to confirm the district's dissolution. (b) Notice of the election shall be given in the same manner as the notice of ie petition hearing. (e) The election shall be held on the first authorized uniform election date :escribed by the Election Code that allows sufficient time to comply with the quirements of law. 841