H.B. No. 2212
  relating to the division of certain emergency services districts.
         SECTION 1.  Chapter 775, Health and Safety Code, is amended
  by adding Subchapter I to read as follows:
         Sec. 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 from the
  existing district and ordering a new district to be created in the
  disannexed territory in the manner provided by this subchapter.
  (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 district's qualified voters or at least 100 of the
  district's qualified voters, whichever is the lesser number.
         (b)  A petition for division must include:
               (1)  the name of the new district to be created; and
               (2)  a description of the territory proposed to be the
  new district's territory.
         (c)  On receipt of a petition in the proper form, the board
  shall set a place, date, and time for a hearing to consider the
         (d)  The board shall issue a notice of the hearing that
               (1)  the name of the proposed district;
               (2)  a description of the proposed district's
  boundaries; and
               (3)  the place, date, and time of the hearing on the
         (e)  The board shall publish the notice in a newspaper of
  general circulation in the 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.
         Sec. 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
  division of the district.
         (b)  Any interested person may appear before the board to
  support or oppose the division.
         (c)  If the board finds that the petition contains the number
  of signatures required under Section 775.222(a), the board shall
  approve the petition not later than the 10th day after the date of
  the hearing.
         Sec. 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 of the district by
  filing an appeal in the district court in the county in which a
  district is located only on the basis that the board incorrectly
  tabulated the number of signatures on the petition.
         Sec. 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 district to
  confirm the division of the existing district.
         (b)  Notice of the election shall be given in the same manner
  as the notice of hearing under Section 775.222.
         (c)  The election shall be held on the first authorized
  uniform election date prescribed by the Election Code that allows
  sufficient time to comply with the requirements of law.
         (d)  The ballot shall be printed to provide for voting for or
  against the proposition: "Dividing the ________ Emergency Services
  District to create a new emergency services district."
         (e)  If a majority of voters voting at the election vote to
  divide the district, the board shall order the division.
         (f)  If a majority of those voting at the election vote
  against dividing the existing district, the board may not order
  another election on the issue before the first anniversary of the
  date of the canvass of the election.
         (g)  The existing district and the new district each shall
  pay a pro rata share of the cost of an election held under this
  section, based on the assessed value of real property in each
  district subject to ad valorem taxation.
         Sec. 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 the creation of the
  new district at the election held under this subchapter;
               (2)  create the new district in accordance with this
               (3)  name the new district; and
               (4)  include the metes and bounds description of the
  territory of the new district and the existing district after
  (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 in one county, the
  commissioners court shall appoint a board in the manner described
  by Section 775.034 not later than the 14th day after the date of the
  board order dividing the district.
  disannexation of territory from a district under this subchapter
  does not diminish or impair the rights of the holders of any
  outstanding and unpaid bonds, warrants, or other obligations of
  that district. Property disannexed under this subchapter is not
  released from its pro rata share of any of the district's bonded
  indebtedness on the date of the disannexation, and the district may
  continue to tax property in the disannexed territory until that
  debt is paid as if the territory had not been disannexed.
         Sec. 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.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 2212 was passed by the House on May 5,
  2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2212 on May 29, 2009, by the following vote:  Yeas 144, Nays 0,
  2 present, not voting.
  Chief Clerk of the House   
         I certify that H.B. No. 2212 was passed by the Senate, with
  amendments, on May 27, 2009, by the following vote:  Yeas 31, Nays
  Secretary of the Senate   
  APPROVED: __________________