Sec. 775.024. CONSOLIDATION OF EMERGENCY SERVICES DISTRICTS. (a) Two or more emergency services districts may consolidate into a single emergency services district as provided by this section. Before consolidating, the board of each district must:
(1) determine that consolidation would allow the districts to provide services more economically and efficiently; and
(2) adopt a joint order of consolidation that includes:
(A) the name and proposed territory of the consolidated district;
(B) the proposed date on which the existing districts dissolve and the consolidated district is created and will start offering services;
(C) if the maximum ad valorem tax rates in the districts are different, a statement that the districts will consolidate only if voters approve an equalized ad valorem tax rate at the election required by Section 775.0241; and
(D) a statement that the district will be consolidated only if the residents of the district and the residents of at least one other district approve the consolidation in an election held for that purpose.
(b) The boards shall agree on a name for the proposed consolidated district and choose five commissioners from among the membership of the boards to serve on the initial board for the proposed district. The boards shall agree to stagger the terms appropriately.
(c) If the boards do not make the appointments before the 31st day after the date the boards adopted the joint order:
(1) for a consolidated district to which Section 775.0345 or 775.035 does not apply, the commissioners court shall appoint five commissioners to the board of the consolidated district; or
(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.
(c-1) The number of initial emergency services commissioners on a board described by Subsection (c)(2) is not required to be five.
(d) The ballot for the election to approve a consolidation shall be printed to permit voting for or against the proposition: "The consolidation of the _________ (insert district names) to create the _______________ (insert name of proposed district), which assumes all outstanding debts of the existing districts." The ballot shall include a proposition for an election required under Section 775.0241, if applicable.
(e) If a majority of the voters voting in at least two of the districts proposed to be consolidated favor the consolidation, the consolidated district is created and is composed of the districts that favored the consolidation. If less than a majority of the voters voting in any of the districts are in favor of the consolidation, that district is not part of any consolidated district.
(f) The consolidated district is created on the latest of:
(1) the date stated in the joint order;
(2) the date the consolidation is approved in an election described by Subsection (d); or
(3) the date the maximum ad valorem tax rate the consolidated district may impose under Section 775.0241 is established, if necessary.
(g) The consolidated district assumes all powers, rights, duties, assets, and liabilities of the former districts without a change in status. The consolidation does not diminish or impair the rights of the holders of any outstanding and unpaid bonds, warrants, or obligations of the district.
(h) For a consolidated district to which Section 775.0345 or 775.035 applies, the initial commissioners of the consolidated district serve until the next available uniform election date after the date the joint order is adopted and that allows sufficient time to comply with other requirements of law. After an election is held under Section 775.0345 or 775.035:
(1) the two commissioners who receive the fewest votes of the elected commissioners serve terms ending on December 31 of the second year following the year in which the election is held; and
(2) the remaining elected commissioners serve terms ending on December 31 of the fourth year following the year in which the election is held.
Added by Acts 2005, 79th Leg., Ch. 1101 (H.B. 2235), Sec. 1, eff. June 18, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 3, eff. June 17, 2011.
Section: Previous 775.019 775.020 775.0205 775.021 775.022 775.0221 775.0235 775.024 775.0241 775.025 775.026 775.031 775.0315 775.032 775.033 NextLast modified: September 28, 2016