Order No. 28349
Amending Court Order 28232
Order for Emergency Service Road District Election and change the District
Number from 1 to 2
On this the 14th day of October 2003 upon motion made by Commissioner Nicholson,
Seconded by Commissioner $aldwin, the Court unanimously approved by vote of 3-0-0
to Amend the Order No. 28232 to change the number of the District from Number 1 to
Number 2 for the Emergency Service District Election in the Mountain Home area.
X3 ~1~~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY TAE COURT.
MADE BY: Jannett Pieper
MEETING DATE: October 2003
SUBJECT: (Please Be Specific)
OFFICE: County Clerk
TIME PREFERRED:
Consider and discuss Amending Court Order # 28232 as recommended by the Election
Division of the Secretary of States Office, to change the number of the District from 1 to
2 for the Emergency Service District Election in the Mountain Home Area.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON):
NAME OF PERSON ADDRESSING COURT: Jannett Pieper
ESTIMATED LENGTH OF PRESENTATION: 2 minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEE
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting schedule for Mondays: 5:00 P.M. previous Tuesday
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. See
Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722.
ORDER NO. 28232
KERB COUNTY EMERGENCY SERVICE DISTRICT NO. 1
On this the 25th day of August, 2003 upon motion made by Commissioner Nicholson
Seconded by Commissioner Baldwin, the Court unanimously approved by a vote
of 4-0-0, to approve an Order to set an election for November 4, 2003 for the Kerr
County Emergency Service District No. 1 Election.
Early Voting will be conducted at the Mountain Home Fire Department located at 5551
Junction Highway, Mountain Home, Texas from 8:00 a.m. to 5:00 p.m. each weekday
from October 20, 2003 to October 31, 2003.
Election Day will be conducted at the Mountain Home Fire Department located at S55I
Junction Highway, Mountain Home, Texas from 7:00 a.m. to 7:00 p.m. on November 4,
2003 .
Early Voting Clerks' official address is: Kerr County Clerk 700 Main St. #122, Kerrville
Texas 78028 and can be contacted at 830-792-2255.
SB 102 t Author: Madla Sponsor: Lewis
Last Action: 06/20/2003 E Effective on 9/1!03
Relating to emergency services districts and the conversion of all rural fire prevention districts to emergency
services districts.
AN ACT
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. RURAL FIRE PREVENTION DISTRICTS AND EMERGENCY SERVICES
DISTRICTS
SECTION 1.001. Subsection (b), Section 775.020, Health and Safety Code, is amended to read as follows:
(b) If the territory in a district created under this chapter [' ]overlaps with the boundaries
of another district created under this chapter, a district converted under this chapter, or a district converted under former
Section 794.100, the most recently created district may not provide services in the overlapping territory that duplicate the
services provided by the other district at the time the overlapping district was created[,
dis#ie#].
SECTION 1.002. Subsection (a), Section 775.0205, Health and Safety Code, is amended to read as follows:
(a) If the territory in a district created under this chapter overlaps with the boundaries of another district created
under this chapter ori;] a district created under Chapter 776, [ ,]
the most recently created district may not provide services in the overiapping territory that duplicate the services provided
by the other district at the time the overlapping district was created.
SECTION 1.003. Subchapter B, Chapter 775, Health and Safety Code, is amended by adding Section 775.026
to read as follows:
Sec. 775.026. CONVERSION OF RURAL FIRE PREVENTION DISTRICTS TO EMERGENCY SERVICES
DISTRICTS. (a) Each rural fire prevention district created under former Chapter 794 is converted to an
emergency services district operating under this chapter.
(b} The name of a district converted under this section is changed to " Emergency Services District
No. "with the name of the county or counties in which the district is located and the proper consecutive number
inserted.
(c) The emergency services district to which a rural fire prevention district converts assumes all obligations and
outstanding indebtedness of the rural fire prevention district.
(d) Afire commissioner of a rural fire prevention district is an emergency services commissioner of the
converted district on conversion of the district under this section and shall serve until the term for which the commissioner
was appointed or elected expires.
SECTION 1.004. Subsection (b), Section 775.031, Health and Safety Code, is amended to read as follows:
{b} A district located wholly within a county with a population of more than 2.4 million may not provide fire
prevention or fire-fighting services unless the district:
(1) was originally a rural fire prevention district and was converted to an emergency services district
under this chapter or former Section 794.100; or
{2) is created after September 1, 2003.
SECTION 1.005. Subsection (a), Section 775.032, Health and Safety Code, is amended to read as follows:
(a) A business entity is not subject to the ad valorem tax authorized by this chapter or subject to the districts
powers if the business entity:
(1) provides its own fire prevention and fire control services and owns or operates fire-fighting
equipment or systems equivalent to or better than standards developed [ ,
] by the National Fire Protection Association or another nationally
recognized association and [ ,] for which the business entity receives the appropriate approval
from the Texas Industrial Fire Training Board of the State Firemen's and Fire Marshals' Association of
Texas;
(2) provides and operates its own equipped industrial ambulance with a licensed driver and provides
industrial victim care by an emergency care attendant trained to provide the equivalent of ordinary basic life support, as
defined by Section 773.003; and
(3) provides ordinary emergency services for the business entity, such as emergency response, as
defined by 29 C.F.R. Sec. 1910.120, rescue, disaster planning, or security services, as recognized by the Texas Industrial
Fire Training Board of the State Firemen's and Fire Marshals' Association of Texas, and provides the equipment, training,
and facilities necessary to safely handle emergencies and protect the business entity and its neighbors in the community.
SECTION 1.006. Subsection (c), Section 775.0741, Health and Safety Code, is amended to read as follows:
(c) The tax may not exceed three cents on each $100 of the taxable value of property taxable by the district. If
the district was originally a rural fire prevention district or is created in territory that overlaps with the boundaries of a
district created under this chapter before September 1, 2003 [ ], the tax may not
exceed six cents on each $100 of the taxable value of property taxable by the district.
SECTION 1.007. Subsection (a), Section 775.0745, Health and Safety Code, is amended to read as follows:
(a) If the [A] 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.
SECTION 1.008. Subsection (a), Section 776.021, Health and Safety Code, is amended to read as follows:
(a) if the territory in a district created under this chapter overiaps with the boundaries of another district created
under this chapter ori;] a district operating [created] under Chapter 775, [
6bayter~94,] the most recently created district may not provide services in the overlapping territory that duplicate the
services provided by the other district.
SECTION 1.009. Subsection (a), Section 776.032, Health and Safety Code, is amended to read as follows:
(a) A business entity is not subject to the ad valorem tax authorized by this chapter or subject to the districts
powers if the business entity:
(1) provides its own fire prevention and fire control services and owns or operates fire-fighting
equipment or systems equivalent to or better than standards developed [ ,
] by the National Fire Protection Association or another nationally
recognized association and [ ,] for which the business entity receives the appropriate approval
from the Texas Industrial Fire Training Board of the State Firemen's and Fire Marshals' Association of
Texas;
(2) provides and operates its own equipped industrial ambulance with a licensed driver and provides
industrial victim care by an emergency care attendant trained to provide the equivalent of ordinary basic life support, as
defined by Section 773.003; and
(3) provides ordinary emergency services for the business entity, such as emergency response, as
defined by 29 C.F.R. Sec. 1910.120, rescue, disaster planning, or security services, as recognized by the Texas Industrial
Fire Training Board of the State Firemen's and Fire Marshals' Association of Texas, and provides the equipment, training,
and facilities necessary to safely handle emergencies and protect the business entity and its neighbors in the community.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.001. Subsection (a}, Section 411.1235, Government Code, is amended to read as follows:
(a) A volunteer fire department or a fire department operated by an emergency services [ ~ ]
district is entitled to obtain from the department criminal history record information maintained by the department that
relates to a person who is required to be certified by the Texas Commission on
Fire Protection and:
(1) is an applicant for a beginning position with the fire department; or
(2) can-entily holds a position with that fire department.
SECTION 2.002. Subsection (d), Section 418.109, Government Code, is amended to read as follows:
(d) A municipality, county, [ ,] emergency services district, fire protection agency,
organized volunteer group, or other emergency services entity may provide mutual aid assistance on request from
another municipality, county, ( ,] emergency services district, fire protection agency, organized
volunteer group, or other emergency services entity. The chief or highest ranking officer of the entity from which
assistance is requested, with the approval and consent of the presiding officer of the governing body of that entity, may
provide that assistance while acting in accordance with the policies, ordinances, and procedures established by the
governing body of that entity and consistent with any mutual aid plans developed by the emergency management
council.
SECTION 2.003. Section 419.904, Government Code, is amended to read as follows:
SeC. 419.904. TECHNICAL ASSISTANCE TO EMERGENCY SERVICES [oi ~on~ CIOC OOC\/C AITIlIAI]
DISTRICTS. The commission may on request provide technical assistance to emergency services [ ]
districts, including advice on the efficient and effective provision of fire protection within a district.
SECTION 2.004. Subsections {c) through (f), Secfion 344.051, Local Government Code, are amended to read
as follows:
(c) Except as provided by Subsection (f), a district may be created inside the boundaries of [a-r~al~e
] an emergency services district operating
under Chapter 775 or 776, Health and Safety Code, only if the governing body of the [ ]
emergency services district gives its written consent by order or resolution not later than the 60th
day after the date the governing body receives a request for its consent.
(d) If the goveming body of the [ ]emergency services district consents to the
inclusion of territory inside its geographic boundaries, the territory may be included in the district in the same manner as
other territory is included under this chapter.
(e) The consent of the goveming body of the [ ] emergency sevices district to
include territory in the district and to initiate proceedings to create a district as prescribed by this chapter expires six
months after the date on which the consent is given.
(f) Subsection (c) does not apply if:
(1) on the effective date of this chapter, the municipality is providing fire suppression and prevention
services and emergency medical services; or
(2) the fire control, prevention, and emergency medical services plan of the proposed district
proposes emergency
services that, on the effective date of this chapter, were [are] not provided by any rural fire prevention district or
emergency services district inside the boundaries of the municipality.
ARTICLE 3. REPEALER; EFFECTIVE DATE
SECTION 3.001. The following laws are repealed:
(1) Sections 775.023 and 775.024, Health and Safety Code; and
(2) Chapter 794, Health and Safety Code.
SECTION 3.002. This Act takes effect September 1, 2003.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1021 passed the Senate on April 15, 2003, by a viva-voce vote.
Secretary of the Senate
I hereby certify that S.B. No. 1021 passed the House on May 16, 2003, by anon-record vote.
Chief Clerk of the House
Approved:
Date
(Signed by Governor on June 20, 2003)
Governor