Shirley P. Reed Cathy Sunday Fred Scibuola Pete Serna Virginia Bazan. (i) As provided in the resolution, proceeds from the sale of the bonds and notes may be placed on time deposit or invested until needed. (b) After a district located in more than one county is created, the county judges of each county in the district shall mutually establish a convenient day provided by Section 41.001, Election Code, to conduct an election to elect the initial emergency services commissioners. LEGAL REPRESENTATION. 775.222. (c) The secretary of the board shall give notice of the hearing. ADOPTION OF AGREEMENT AND APPROVAL OF EXCLUSION. Sec. 620, Sec. 1097 (S.B. 10, eff. Acts 2005, 79th Leg., Ch. 1, eff. (2) shall remit funds for the payment of the principal of and interest on bonds and notes to the bank of payment. 1.003, eff. (f) The board shall order an election in the territory proposed to be excluded on the question of exclusion if: (1) at least three percent of the qualified voters residing in the territory to be excluded protest the exclusion in writing at the hearing; or, (A) despite the lack of a sufficient protest, refuses to exclude the territory; and. (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. Acts 2015, 84th Leg., R.S., Ch. (d) A fire commissioner of a rural fire prevention district is an emergency services commissioner of the converted district on conversion of the district under this section and shall serve until the term for which the commissioner was appointed or elected expires. 384 (S.B. 1204, Sec. Sec. SALES AND USE TAX. Acts 2011, 82nd Leg., R.S., Ch. Acts 1989, 71st Leg., ch. (b) The board may contract with a local government, including another district, to provide staff, facilities, equipment, programs, or services the board considers necessary to provide or obtain emergency services that the district or the local government is authorized to provide. 454 (H.B. (b) The petition must state the new tax rate desired by the voters. (b) The board may issue bonds and notes in one or more issues or series that are payable from and secured by liens on and pledges of: (2) all or part of the district's revenues, income, or receipts; or. Acts 1989, 71st Leg., ch. This subsection does not apply to a district located wholly in a county with a population of more than three million. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. September 1, 2011. 14, Sec. (d) The county clerk shall retain a copy of the notice and shall deliver sufficient copies of the notice to the sheriff for posting and publication as prescribed by Subsection (e). Sept. 1, 1999; Acts 2001, 77th Leg., ch. 907, Sec. (b) This section does not apply to Sections 775.051, 775.072, 775.076, 775.077, 775.078, and 775.085. 775.0735. 886, Sec. Amended by Acts 2001, 77th Leg., ch. Harris County is planning for 800 Election Day locations and is expecting to have a list of locations by next week. Please register in advance for the Waller-Harris ESD 200 Virtual Event that will be held on Saturday, October 17, 2020 at 10:00 A.M. CDT at: https://attendee.gotowebinar.com/register/5095931140626610703 After registering, you will receive a confirmation email with information about joining the live webinar. Sept. 1, 1991. 1, eff. ELECTION TO INCREASE TAX RATE. (b) This section shall not be construed to exempt a business from a sales and use tax authorized by Section 775.0751. ___," with the name of the county or counties in which the district is located and an appropriate number inserted to distinguish one district from another district. 2, eff. 1, eff. (B) on the effective date of this section is contiguous to a planned community and later becomes part of that planned community. (h) The general election for commissioner shall be held every two years on an authorized uniform election date as provided by Chapter 41, Election Code. The Board of Commissioners (the “Board”) of Harris County Emergency Services District No. Amended by Acts 1991, 72nd Leg., ch. (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. Derek Elkins Vice-President (Elected) Term expires 5/31/2024 P.O. (e) If the municipality's governing body consents to inclusion of territory within its limits or extraterritorial jurisdiction, or in an industrial district, the territory may be included in the district in the same manner as other territory is included under this chapter. EXCLUSION OF TERRITORY LOCATED WITHIN OTHER TAXING AUTHORITY. 195, Sec. Sec. September 1, 2013. June 17, 2011. 886, Sec. A district may be created to provide limited services. 1727), Sec. 1, eff. (g) If the board excludes the territory by resolution, the board shall state in the resolution the new boundaries of the district. 775.108. Sec. 914, Sec. (e) The board shall publish the notice in a newspaper of general circulation in the district once a week for two consecutive weeks. (b) An offense under this section is a misdemeanor punishable by a fine of not more than $25. (3) enforce all state, county, and district orders and rules that relate to fires, explosions, or damages caused by a fire or an explosion. The fire marshal shall keep a record of each fire that the fire marshal is required to investigate. (h) The board shall order an election on the question of exclusion if: (1) the owners of at least three percent of the property located in the district protest the exclusion; or, (A) despite the lack of a protest, refuses to exclude the territory; and. Sec. 3, eff. (3) a combination of those taxes, revenues, income, and receipts. (b) The district shall apply the compensation received under this section toward the payment of the obligations described by Subsection (c). 392, Sec. 1536), Sec. Added by Acts 2001, 77th Leg., ch. 2, eff. 2, eff. 775.229. Added by Acts 1989, 71st Leg., 1st C.S., ch. 775.019. ARBITRATION REGARDING REMOVED TERRITORY. COMPETITIVE BIDS. (d) The validity of a board action is not affected because it is taken when a ground for removal of a board member exists. 1, eff. Sept. 1, 1989. 775.085. (D) does not distribute any of its income to its members, officers, or governing body, other than for reimbursement of expenses. 775.225. OVERLAPPING DISTRICTS. 1, eff. 775.0315. 1.005, eff. The process must be signed by the fire marshal. 1, eff. Sept. 1, 1989. Sec. 2529), Sec. CRIMINAL PENALTY; FAILURE TO COMPLY WITH ORDER. (i) Except as otherwise required by the Election Code, the election notice, the manner and time of giving the notice, and the manner of holding the election are governed by the applicable provisions of this chapter relating to the original election to create the district. Acts 2007, 80th Leg., R.S., Ch. 775.0235. January 1, 2010. To perform the functions of the district and to provide emergency services, a district may: (1) acquire, purchase, hold, lease, manage, occupy, and sell real and personal property or an interest in property; (2) enter into and perform necessary contracts; (3) appoint and employ necessary officers, agents, and employees; (5) impose and collect taxes as prescribed by this chapter; (7) lease, own, maintain, operate, and provide emergency services vehicles and other necessary or proper apparatus, instrumentalities, equipment, and machinery to provide emergency services; (8) construct, lease, own, and maintain real property, improvements, and fixtures necessary to house, repair, and maintain emergency services vehicles and equipment; (9) contract with other entities, including other districts or municipalities, to make emergency services facilities and emergency services available to the district; (10) contract with other entities, including other districts or municipalities, for reciprocal operation of services and facilities if the contracting parties find that reciprocal operation would be mutually beneficial and not detrimental to the district; (12) perform other acts necessary to carry out the intent of this chapter. (d) To be eligible for appointment as an emergency services commissioner under this section, a person must be at least 18 years of age and reside in the district. This subsection does not apply to a proposed district located wholly in a county with a population of more than three million. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 2001. Section 9601 et seq. 1101 (H.B. 7, eff. (2) submit to the commissioners court and the county auditor tax rate calculations and notices and a recommended tax rate according to the schedule established under this section. 639 (S.B. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1997, 75th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 775.202. Sept. 1, 1989. Acts 2009, 81st Leg., R.S., Ch. (g) Except as otherwise provided by the Election Code, the provisions of this chapter relating to the election creating the district apply to the election notice, the manner and time of giving the notice, and the manner of holding the election under this section. HEARING. Unless otherwise agreed to by the parties, the arbitrator must issue a decision in writing and deliver a copy of the decision to the parties not later than the 14th day after the date of the final hearing. (2) the denominator of which is the total assessed value of the property of the district based on the most recent certified county property tax rolls at the time of annexation plus the total amount of the district's sales and use tax revenue collected by retailers located in the district in the 12 months preceding the date of annexation, as reported by the comptroller. (8) repairs funded by a payment made under an insurance claim. CHAPTER 775. (a) An action taken by the fire marshal in the investigation of a fire does not affect the rights of a policyholder or of an insurer regarding a loss caused by the fire. (f) If the territory of a district proposed under this chapter overlaps with the boundaries of another district created under this chapter, the commissioners court of each county in which the proposed district is located shall send to the board of the existing district a copy of the petition for creation of the proposed district. (a) After adoption and approval under Section 775.204, the district's tax on the property in the excluded territory continues until all agreed compensation has been paid in full. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (d-3) A person serving as a commissioner of more than one district under this section: (1) may receive compensation for serving on only one board; and. The order must contain the same information contained in the notice of the election. JURISDICTION. September 1, 2017. Sept. 1, 2003. Sec. (d) Any rights obtained by a third party through official action of a board covered by this section are not impaired or affected by the disqualification under this section of an emergency services commissioner to serve, provided that the third party had no knowledge, at the time the rights were obtained, of the fact that the commissioner was disqualified to serve. 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. Amended by Acts 2001, 77th Leg., ch. (4) include a printed copy of the published notice. Sec. 294, Sec. The notice must include: (2) a description of the district's boundaries; (3) the proposal that the district be dissolved; and. 775.154. Sept. 1, 1989. (b) If the municipality's governing body does not consent to inclusion within the 60-day period prescribed by Subsection (a), a majority of the qualified voters and the owners of at least 50 percent of the territory in the municipality's limits or extraterritorial jurisdiction that would have been included in the district may petition the governing body to make fire control and emergency medical and ambulance services available. 1, eff. (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. (4) the place, date, and time of the hearing on the petition. If a district is located in more than one county, the commissioners court of each county in which the district is located shall designate by joint order a county auditor of one of the counties to perform the audit and issue the report. (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. (3) that each person who has an interest in the exclusion or nonexclusion of the territory may attend the hearing and present the person's opinion for or against the exclusion of the territory. 2, eff. Built on the strength and fortitude of Texans, our safety and fire response teams are continually training and preparing to serve and protect our county. (2) not later than the 16th day before the date on which the hearing is held, publish the notice once in a newspaper of general circulation in each county in which the excluded territory is located. After the order is recorded, the excluded territory is no longer a part of the district. Whereas, the formation of the emergency services district received the affirmative vote of the majority of the votes cast at the election as provided by law; Now, therefore, the Commissioners Court of ____________ County, State of Texas, finds and orders that the tract described in this order has been duly and legally formed into an emergency services district (or a portion thereof) under the name of ____________, under Article III, Section 48-e, of the Texas Constitution, as proposed by S.J.R. TAXATION FOR OUTSTANDING BONDED DEBT. (a) The commissioners court of a county in which a single-county district is located shall appoint a five-member board of emergency services commissioners to serve as the district's governing body. (3) provides ordinary emergency services for the business entity, such as emergency response, as defined by 29 C.F.R. Added by Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 2001. Acts 1989, 71st Leg., ch. Sept. 1, 2003. REMOVAL OF ELECTED BOARD MEMBER. (e) This section does not apply to a district located wholly in a county with a population of more than three million. An Emergency Services District (ESD) is a local government agency created by a vote of the public to provide fire protection and/or emergency medical services (EMS) in specific areas in unincorporated Harris County. Acts 2011, 82nd Leg., R.S., Ch. (2) for a consolidated district to which Section 775.0345 or 775.035 does apply, the board of the consolidated district is initially composed of the two commissioners from each existing board who have served the longest terms. 886, Sec. (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. 678, Sec. (e) The board shall issue a notice of a hearing to be held under Subsection (c) or (d). (a) The board may issue bonds and notes as prescribed by this chapter to perform any of its powers. 639 (S.B. 1, eff. He worked closely with Commissioner Tom Bass and Harris County area fire departments to promote the acceptance of 9-1-1 legislation and the public election that created the Network. (2) the remaining elected commissioners serve terms ending on December 31 of the fourth year following the year in which the election is held. September 1, 2015. 220 (H.B. (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 2011, 82nd Leg., R.S., Ch. (b) The fire marshal shall file charges in court against a witness who refuses to cooperate with the investigation. 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. Added by Acts 2011, 82nd Leg., R.S., Ch. 392, Sec. 930, Sec. 11, eff. (a) In this section, "fire hazard" means any of the following conditions that endanger the safety of a structure or its occupants and promote or cause fire or combustion: (1) the presence of a flammable substance; (2) a dangerous or dilapidated wall, ceiling, or other structural element; (3) improper lighting, heating, or other facilities; (4) the presence of a dangerous chimney, flue, pipe, main, or stove, or of dangerous wiring; or. (d) 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 one year after the date of the official canvass of the most recent election concerning creation of the district. January 1, 2010. 116 (H.B. (b) Any interested person may appear before the commissioners court in person or by attorney to support or oppose the creation of the district and may offer pertinent testimony. She retired from Harris County with over 20 years of service to the citizens of Harris County. 4, eff. 775.033. Sept. 1, 1989. 1140, Sec. Amended by Acts 2003, 78th Leg., ch. The districts shall agree on an effective date for the changes in boundaries. June 9, 2017. 1347 (S.B. 775.0422. An arbitrator included in the list must be a resident of this state and may not be a resident of a county in which any part of the municipality or any part of the district is located. Sec. Added by Acts 2001, 77th Leg., ch. There are more than 310 ESDs in Texas, 32 of which are in Harris County. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. Sept. 1, 1999. Additionally, presented materials and exhibits are available to view for residents who want to revisit the information or who were unable to join live. If the municipality and the district cannot reach an agreement, the municipality and the district shall resolve the dispute using binding arbitration. 775.0365. This list is likely to change or be incomplete and will finalize much closer to Election Day. In this subchapter, "commissioners court" means the commissioners court of a county that borders the United Mexican States, has a population of more than 800,000, and appoints a board of emergency services commissioners under this chapter. 2, eff. (c) The commissioners court may by resolution terminate the delegation of a duty or the waiver of an approval requirement. 3517), Sec. Acts 1989, 71st Leg., ch. September 1, 1999. PETITION FOR DIVISION; NOTICE OF HEARING. 272, Sec. Acts 2019, 86th Leg., R.S., Ch. 7 is home to an estimated population of 126,742 people, living in 40,250 homes, as of the end of 2014. 775.013. Acts 2013, 83rd Leg., R.S., Ch. The commissioners court of the largest county in which the district is located shall appoint three commissioners to the board. (b) A district shall prepare on or before July 1 of each year an audit of the district's fiscal accounts and records. Sec. EXPANSION OF DISTRICT TERRITORY. 775.031. In this chapter: (1) "Board" means the board of emergency services commissioners. (f) On the district's request, a municipality shall purchase from the district at fair market value any real or personal property used to provide emergency services in territory disannexed under this section. The court may reinstate the member if it finds the removal unwarranted after considering: (2) the time and place of a missed meeting; (3) the business conducted at a missed meeting; and. 1, eff. 2, eff. (a) This section applies only to a district located in whole or in part in a county that: (2) has a population of less than 1.5 million. Sec. (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. 1510), Sec. 775.077. 775.041. Amended by Acts 1997, 75th Leg., ch. 1276, Sec. Acts 2017, 85th Leg., R.S., Ch. 40, Sec. The arbitrator shall permit each party one day to present evidence and other information. (a) The board shall designate one or more banks to serve as depositories for district funds. 1241 (H.B. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sec. 2, eff. 527), Sec. 14, eff. Sept. 1, 1993. The fire marshal serves a two-year term. (d) If the commissioners court does not approve or deny a budget submitted to the commissioners court under this section before the 31st day after the date the budget is submitted, the commissioners court is considered to have approved the budget. (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. 496, Sec. Except as provided by Subsections (h) and (h-1), emergency services commissioners serve four-year terms. (c) A district may contract to supply surplus property to any volunteer fire department or district in this state at fair market value. 775.052. Except as provided by Section 775.0363, the district may not regulate the sale, use, or transportation of fireworks. 2, eff. June 19, 2009. (a) This section applies only to a district located wholly in a county with a population of more than three million. June 17, 2011. Sec. The sheriff shall also have the notice published in a newspaper of general circulation in the proposed district once a week for two consecutive weeks.
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