SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 775.001 - Definitions
In this chapter: (1) "Board" means the board of emergency services commissioners. (2) "District" means an emergency services district created under this chapter. Acts 1989,...
- Texas Section 775.002 - Liberal Construction
This chapter and a proceeding under this chapter shall be liberally construed to achieve the purposes of this chapter. Acts 1989, 71st Leg., ch. 678,...
SUBCHAPTER B CREATION OF DISTRICT
- Texas Section 775.003 - Authorization
An emergency services district may be organized as provided by Article III, Section 48-e, of the Texas Constitution, as proposed by S.J.R. No. 27, Acts...
- Texas Section 775.011 - Petition For Creation Of District Located Wholly In One County
(a) Before a district located wholly in one county may be created, the county judge of that county must receive a petition signed by at...
- Texas Section 775.012 - Petition For Creation Of District Located In More Than One County
(a) Before a district that contains territory located in more than one county may be created, the county judge of each county in which the...
- Texas Section 775.013 - Contents Of Petition
(a) The petition prescribed by Section 775.011 or 775.012 must show: (1) that the district is to be created and is to operate under Article...
- Texas Section 775.014 - Creation Of District That Includes Municipal Territory
(a) Before a district may be created that contains territory in a municipality's limits or extraterritorial jurisdiction, a written request to be included in the...
- Texas Section 775.015 - Filing Of Petition And Notice Of Hearing
(a) If the petition is in proper form, the county judge may receive the petition and shall file the petition with the county clerk. (b)...
- Texas Section 775.016 - Hearing
(a) At the time and place set for the hearing or at a later date then set, the commissioners court shall consider the petition and...
- Texas Section 775.017 - Petition Approval
(a) If after the hearing the commissioners court finds that creation of the district is feasible and will promote the public safety, welfare, health, and...
- Texas Section 775.018 - Election
(a) On the granting of a petition, the commissioners court shall order an election to confirm the district's creation and authorize the imposition of a...
- Texas Section 775.019 - Election Result And Commissioners Court Order
(a) A district is created and organized under this chapter if a majority of the votes cast in the election favor creation of the district....
- Texas Section 775.020 - Overlapping Districts Located Wholly In Populous County
(a) This section applies only to a district located wholly in a county with a population of more than three million. (b) If the territory...
- Texas Section 775.0205 - Overlapping Districts
(a) If the territory in a district created under this chapter overlaps with the boundaries of another district created under this chapter, the most recently...
- Texas Section 775.021 - Exclusion Of Territory Located Within Other Taxing Authority
(a) This section applies only to a district located in whole or in part in a county that: (1) borders the Gulf of Mexico; and...
- Texas Section 775.022 - Removal Of Territory By Municipality
(a) If a municipality completes all other procedures necessary to annex territory in a district and if the municipality intends to remove the territory from...
- Texas Section 775.0221 - Arbitration Regarding Removed Territory
(a) The municipality and the district shall negotiate an agreement on the amount of compensation required under Section 775.022. If the municipality and the district...
- Texas Section 775.0235 - Removal Of Certain Territory On Request Of Municipality
(a) The board shall remove territory from a district as provided by this section, on request of a municipality, if the territory: (1) was included...
- Texas Section 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...
- Texas Section 775.0241 - Taxes For Consolidated District
(a) If two districts that want to consolidate under Section 775.024 have different maximum ad valorem tax rates, the board of the district with the...
- Texas Section 775.025 - Exclusion Of Certain Territory Subject To Assessments
(a) The board shall hold a hearing to consider the exclusion from the district of territory in a planned community if the board receives a...
SUBCHAPTER C ORGANIZATION, POWERS, AND DUTIES
- Texas Section 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...
- Texas Section 775.031 - District Powers
(a) A district is a political subdivision of the state. To perform the functions of the district and to provide emergency services, a district may:...
- Texas Section 775.0315 - Legal Representation
(a) This section applies only to a district located wholly in a county with a population of 1.8 million or more in which two or...
- Texas Section 775.032 - Certain Businesses Not Subject To Ad Valorem Tax Or District Powers
(a) A business entity is not subject to the ad valorem tax authorized by this chapter or subject to the district's powers if the business...
- Texas Section 775.033 - Liability Of District
(a) A district is not liable for a claim arising from the act or omission of an employee or volunteer under an oral or written...
- Texas Section 775.034 - Appointment Of Board In District Located Wholly In One County
(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...
- Texas Section 775.0345 - Election Of Board In Certain Counties
(a) This section applies only to a district located wholly in a county: (1) with a population of more than three million; (2) with a...
- Texas Section 775.035 - Election Of Board In District Located In More Than One County
(a) The governing body of a district located in more than one county consists of a five-person board of emergency services commissioners elected as prescribed...
- Texas Section 775.0355 - Disqualification Of Emergency Services Commissioners In Certain Counties
(a) In this section, "emergency services organization" means: (1) a volunteer fire department; (2) a career or combination fire department; (3) a municipal fire department;...
- Texas Section 775.036 - Powers And Duties Of Board
(a) The board shall: (1) hold regular monthly meetings and other meetings as necessary; (2) keep minutes and records of its acts and proceedings; (3)...
- Texas Section 775.0362 - Limit On Regulation Of Fireworks
Except as provided by Section 775.0363, the district may not regulate the sale, use, or transportation of fireworks. Added by Acts 2011, 82nd Leg., R.S.,...
- Texas Section 775.0363 - Regulation Of Fireworks
The district may adopt a rule relating to fireworks that is the same as or less stringent than a rule adopted or enforced by the...
- Texas Section 775.0365 - Board Training
(a) An emergency services commissioner shall complete at least six hours of continuing education relating to the performance of the duties of an emergency services...
- Texas Section 775.0366 - Service Contracts
(a) In this section, "local government" has the meaning assigned by Section 791.003, Government Code. (b) The board may contract with a local government, including...
- Texas Section 775.037 - Officers Of Board
(a) The emergency services commissioners shall elect from among their members a president, vice-president, secretary, treasurer, and assistant treasurer to perform the duties usually required...
- Texas Section 775.038 - Compensation; Conflict Of Interest
(a) Except as provided by Subsection (b), an emergency services commissioner is entitled to receive compensation of not more than $50 per day for each...
- Texas Section 775.039 - Differential Pay And Benefits For Employees Of Emergency Services Districts
(a) A board may provide differential pay to a district employee who is a member of the state military forces or a reserve component of...
- Texas Section 775.040 - Fees For Providing Services
A district, or a person authorized by contract on the district's behalf, may charge a reasonable fee for emergency services performed for or on behalf...
- Texas Section 775.041 - Fee Payment And Collection
(a) A fee imposed by a district under Section 775.040 must be paid within a reasonable amount of time as established by the district. (b)...
- Texas Section 775.042 - Removal Of Board Member By Board
(a) A board may remove a member if: (1) the member is absent from more than half of the regularly scheduled board meetings that the...
- Texas Section 775.0422 - Removal Of Appointed Board Member By Commissioners Court
Sec. 775.0422. REMOVAL OF APPOINTED BOARD MEMBER BY COMMISSIONERS COURT. (a) This section does not apply to a district unless the commissioners court of the...
- Texas Section 775.0423 - Removal Of Elected Board Member
(a) This section applies only to a board member who: (1) is elected; or (2) is appointed to fill a vacancy in an elected board...
- Texas Section 775.043 - Exemption From Investment Training
(a) Section 2256.008, Government Code, does not apply to an officer or employee of a district created under this chapter. (b) A district may invest...
- Texas Section 775.044 - Vacancy On Board Of District Located In More Than One County
(a) Not later than the 90th day after a board vacancy for a district located in more than one county occurs, the remaining board members...
- Texas Section 775.0445 - Vacancy On Board Of District Located In Certain Counties
(a) In this section, "vacancy" means a vacancy in the office of director that occurs for any reason, including an office that is vacant because:...
SUBCHAPTER D CHANGE IN BOUNDARIES OR DISSOLUTION OF DISTRICT
- Texas Section 775.045 - Applicability Of Certain Laws
(a) Except as provided by Subsection (b), notwithstanding any other law: (1) Section 1301.551(i), Occupations Code, applies to a district as if the district were...
- Texas Section 775.051 - Expansion Of District Territory
(a) Qualified voters who own taxable real property in a defined territory that is not included in a district may file a petition with the...
- Texas Section 775.052 - Petition For Dissolution; Notice Of Hearing
(a) Before a district may be dissolved, the district's board must receive a petition signed by at least 10 percent of the registered voters in...
- Texas Section 775.053 - Hearing
(a) At the hearing on the petition to dissolve the district, the board shall consider the petition and each issue relating to the dissolution of...
- Texas Section 775.054 - Election To Confirm Dissolution
(a) On the granting of a petition to dissolve the district, the board shall order an election to confirm the district's dissolution. (b) Notice of...
- Texas Section 775.055 - Administration Of Property, Debts, And Assets After Dissolution
(a) After a vote to dissolve a district, the board shall continue to control and administer the property, debts, and assets of the district until...
SUBCHAPTER E FINANCES AND BONDS
- Texas Section 775.056 - Transfer Of Territory Between Districts
(a) After a hearing, a district may make mutually agreeable changes in boundaries with another district, provided that the maximum tax rate authorized for such...
- Texas Section 775.071 - Limitation On Indebtedness
(a) Except as provided by Subsection (b), a district may not contract for an amount of indebtedness in any one year that is in excess...
- Texas Section 775.072 - Depositories
(a) The board shall designate one or more banks to serve as depositories for district funds. (b) The board shall deposit all district funds in...
- Texas Section 775.073 - Expenditures
(a) Except as otherwise provided by this section, district funds may be disbursed only by check, draft, order, or other instrument that: (1) is signed...
- Texas Section 775.0735 - Disposition Of Property
(a) The district may dispose of property owned by the district only by: (1) selling the property to a third party following the procedures authorized...
- Texas Section 775.074 - Ad Valorem Tax
(a) The board shall annually impose an ad valorem tax on all real and personal property located in the district and subject to district taxation...
- Texas Section 775.0745 - Election To Increase Tax Rate
(a) If the board decides to increase the maximum tax rate of the district to any rate at or below the rate allowed by this...
- Texas Section 775.075 - Reduction Of Ad Valorem Tax Rate
(a) The qualified voters of a district may petition in the manner provided by Sections 775.052 through 775.054 for dissolution of a district to reduce...
- Texas Section 775.0751 - Sales And Use Tax
(a) A district may adopt a sales and use tax, change the rate of its sales and use tax, or abolish its sales and use...
- Texas Section 775.0752 - Sales And Use Tax Election Procedures
(a) Except as otherwise provided by this subchapter, an election to adopt or abolish a district's sales and use tax or to change the rate...
- Texas Section 775.0753 - Sales And Use Tax Effective Date; Boundary Change
(a) The adoption or abolition of the tax or change in the tax rate takes effect on the first day of the first calendar quarter...
- Texas Section 775.0754 - Sales And Use Tax Agreement With Municipality After Annexation
(a) This section applies when: (1) a municipality annexes for full purposes part of a district that imposes a sales and use tax; and (2)...
- Texas Section 775.076 - Bonds And Notes Authorized
(a) The board may issue bonds and notes as prescribed by this chapter to perform any of its powers. (a-1) Before the board may issue...
- Texas Section 775.077 - Election To Approve Bonds And Notes
(a) A district may not authorize bonds and notes secured in whole or in part by taxes unless a majority of the district's qualified voters...
- Texas Section 775.078 - Bond Anticipation Notes
(a) A district may issue bond anticipation notes from time to time to carry out one or more of its powers. (b) The bond anticipation...
- Texas Section 775.082 - Audit Of District In Less Populous Counties
(a) The county auditor of a county that contains any part of the district shall have access to the books, records, officials, and assets of...
- Texas Section 775.0821 - Alternative To Audit Of District In Less Populous Counties
(a) This section applies only to a district to which Section 775.082 applies that: (1) did not have any outstanding bonds secured by ad valorem...
- Texas Section 775.0825 - Audit Of District In Certain Populous Counties
(a) This section applies only to a district located wholly in a county with a population of more than three million. (b) A district shall...
- Texas Section 775.083 - Annual Report
(a) On or before January 1 of each year, a district shall file with the Texas Department of Rural Affairs an annual report that includes...
- Texas Section 775.084 - Competitive Bids
(a) Except as provided by Subsection (i), the board must submit to competitive bids an expenditure of more than $50,000 for: (1) one item or...
SUBCHAPTER F FIRE MARSHAL
- Texas Section 775.085 - Loan For Real Property Or Emergency Services Equipment
(a) The board, on the behalf of the district, may borrow money and make other financial arrangements to purchase real property or emergency services equipment...
- Texas Section 775.101 - Creation
(a) A district may create the office of district fire marshal if a county in which the district is located does not have a county...
- Texas Section 775.102 - Term
The fire marshal serves a two-year term. Added by Acts 2001, 77th Leg., ch. 272, Sec. 5, eff. Sept. 1, 2001.
- Texas Section 775.103 - Bond
The fire marshal shall post a bond in the amount required by the district and conditioned on the faithful and strict performance of the fire...
- Texas Section 775.104 - Conflict Of Interest
The fire marshal may not: (1) have a direct or indirect financial interest in the sale of fire-fighting equipment; or (2) be engaged in the...
- Texas Section 775.105 - Administrative Support
The district may provide facilities, equipment, transportation, employees, and other services and assistance to the fire marshal, including investigators. Added by Acts 2001, 77th Leg.,...
- Texas Section 775.106 - Jurisdiction
(a) Except as provided by Section 775.107 or 775.115, the fire marshal may not exercise the powers granted under this subchapter in: (1) the territory...
- Texas Section 775.107 - Transfer Of Jurisdiction
(a) This section applies if: (1) a county in which a district is located creates a county fire marshal under Subchapter B, Chapter 352, Local...
- Texas Section 775.108 - General Powers And Duties
The fire marshal shall: (1) investigate the cause, origin, and circumstances of each fire that damages property; (2) determine whether the fire was caused by...
- Texas Section 775.109 - Investigations
(a) The fire marshal shall begin an investigation within 24 hours after notification of a fire. The 24-hour period does not include Sunday. (b) The...
- Texas Section 775.110 - Inspection
(a) The fire marshal may, at any time of day, enter and inspect: (1) property where a fire has occurred; and (2) property adjacent to...
- Texas Section 775.111 - Inspection For Fire Hazards
(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...
- Texas Section 775.112 - Records
The fire marshal shall keep a record of each fire that the fire marshal is required to investigate. The record must include the facts, statistics,...
- Texas Section 775.113 - Additional Investigation Powers
(a) If the fire marshal determines that further investigation of a fire or of an attempt to set a fire is necessary, the fire marshal...
- Texas Section 775.114 - Insurance
(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...
- Texas Section 775.115 - Cooperation With Other Fire Marshals
(a) The district fire marshal shall cooperate with the state fire marshal to conduct: (1) fire prevention activities; (2) fire-fighting activities; and (3) fire investigations....
- Texas Section 775.116 - Enforcement
(a) The fire marshal shall file in court a complaint charging arson, attempted arson, conspiracy to defraud, or any other related crime against a person...
- Texas Section 775.117 - Service Of Process
A constable or sheriff may serve process under this subchapter. The process must be signed by the fire marshal. Added by Acts 2001, 77th Leg.,...
- Texas Section 775.118 - Criminal Penalty; Contempt Of Fire Investigation
(a) A person commits an offense if the person is a witness in connection with an investigation by the fire marshal and: (1) refuses to...
SUBCHAPTER G HAZARDOUS MATERIALS
- Texas Section 775.119 - Criminal Penalty; Failure To Comply With Order
(a) An owner or occupant of real property who is subject to an order issued by the fire marshal commits an offense if the person...
- Texas Section 775.151 - Definitions
In this subchapter: (1) "Hazardous material" means a flammable material, an explosive, a radioactive material, a hazardous waste, a toxic substance, or related material, including...
- Texas Section 775.152 - Hazardous Materials Service
A district may provide hazardous materials services, including a response to an incident involving hazardous material that has been: (1) leaked, spilled, or otherwise released;...
- Texas Section 775.153 - Fee For Providing Hazardous Materials Service; Exception
(a) A district, or a person authorized by contract on the district's behalf, may charge a reasonable fee to a responsible party for responding to...
SUBCHAPTER H CHANGE IN BOUNDARIES OF DISTRICT WITH PLANNED COMMUNITY
- Texas Section 775.154 - Exemption For Governmental Entities
This subchapter does not apply to hazardous materials owned or possessed by a governmental entity. Added by Acts 2001, 77th Leg., ch. 272, Sec. 6,...
- Texas Section 775.201 - Definition
In this subchapter, "planned community" means a planned community of 25,000 or more acres of land originally established under the Urban Growth and New Community...
- Texas Section 775.202 - Agreement On Boundaries With Property Owners In Planned Community
(a) After a hearing, a district located wholly in a county with a population of 2.8 million or more may exclude territory by making changes...
- Texas Section 775.203 - Notice Of Hearing
(a) The board secretary shall give notice of the hearing. (b) The notice must contain the time and place for the hearing and a description...
- Texas Section 775.204 - Adoption Of Agreement And Approval Of Exclusion
After the hearing, if the board finds that the exclusion of the territory would be feasible and would benefit the district, the board shall by...
- Texas Section 775.205 - Effect Of Adoption Of Agreement And Approval Of Exclusion
(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...
SUBCHAPTER I DIVISION OF DISTRICT
- Texas Section 775.206 - No Effect On Outstanding Obligations
A change in boundaries under this subchapter does not diminish or impair the rights of the holders of any outstanding and unpaid bonds, warrants, or...
- Texas Section 775.221 - Authority To Divide District
The board of a district located wholly in one county with a population of 20,000 or less may create a new district by disannexing territory...
- Texas Section 775.222 - Petition For Division; Notice Of Hearing
(a) Before the existing district may be divided, the district's board must receive a petition for division signed by at least seven percent of the...
- Texas Section 775.223 - Hearing On Division Of District
(a) At the hearing on the petition for division of the existing district, the board shall consider the petition and each issue relating to the...
- Texas Section 775.224 - Appeal
A resident of the district or an owner of real or personal property located in the district may appeal the board's decision on the division...
- Texas Section 775.225 - Election To Confirm Division
(a) On granting a petition to divide the district, the board shall order an election to be held in the territory of the proposed new...
- Texas Section 775.226 - Division Order
A board order to divide a district must: (1) disannex the land of the new district from the existing district contingent on the approval of...
- Texas Section 775.227 - Administration Of Districts After Division
(a) The existing board continues in existence to govern the territory of the existing district after disannexation. (b) If the new district is located wholly...
- Texas Section 775.228 - Taxation For Outstanding Bonded Debt
The disannexation of territory from a district under this subchapter does not diminish or impair the rights of the holders of any outstanding and unpaid...
SUBCHAPTER J SURPLUS AND SALVAGE PROPERTY
- Texas Section 775.229 - Further Division Prohibited
Once a district has been divided under this subchapter, neither the existing district nor the new district may be divided under this subchapter. Added by...
SUBCHAPTER K DISTRICTS IN CERTAIN COUNTIES
- Texas Section 775.251 - Sale And Disposition Of Surplus Or Salvage Property
(a) In this section: (1) "Salvage property" means personal property, other than wastepaper, that because of use, time, or accident is so damaged, used, or...
- Texas Section 775.301 - Definition
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,...
- Texas Section 775.302 - Applicability
(a) This subchapter applies only to a district that is located wholly in a county that borders the United Mexican States, that has a population...
- Texas Section 775.303 - Delegation Or Waiver By Commissioners Court
(a) The commissioners court may adopt a resolution to: (1) delegate to the board of a district a duty assigned to the commissioners court under...
- Texas Section 775.304 - Powers Relating To District Property, Facilities, And Equipment
(a) The commissioners court may establish policies and procedures the board must comply with when: (1) constructing, purchasing, acquiring, contracting for, leasing, adding to, maintaining,...
- Texas Section 775.305 - Budget
(a) The commissioners court shall establish a schedule for a district to prepare an annual budget, tax rate calculations and notices, and a recommended tax...
- Texas Section 775.306 - Business Participation
The board shall encourage and promote participation by all sectors of the business community, including small businesses and businesses owned by members of a minority...