Tex. Health & Safety Code 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 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 (Taxes for Consolidated District); 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 (Election of Board in Certain Counties) or 775.035 (Election of Board in District Located in More than One County) 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 (Election of Board in Certain Counties) or 775.035 (Election of Board in District Located in More than One County) 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 (Taxes for Consolidated District), 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 (Taxes for Consolidated District) 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 (Election of Board in Certain Counties) or 775.035 (Election of Board in District Located in More than One County) 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 (Election of Board in Certain Counties) or 775.035 (Election of Board in District Located in More than One County):

(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.

Source: Section 775.024 — Consolidation of Emergency Services Districts, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­775.­htm#775.­024 (accessed Mar. 23, 2024).

775.001
Definitions
775.002
Liberal Construction
775.003
Authorization
775.011
Petition for Creation of District Located Wholly in One County
775.012
Petition for Creation of District Located in More than One County
775.013
Contents of Petition
775.014
Creation of District that Includes Municipal Territory
775.015
Filing of Petition and Notice of Hearing
775.016
Hearing
775.017
Petition Approval
775.018
Election
775.019
Election Result and Commissioners Court Order
775.020
Overlapping Districts Located Wholly in Populous County
775.021
Exclusion of Territory Located Within Other Taxing Authority
775.022
Removal of Territory by Municipality
775.024
Consolidation of Emergency Services Districts
775.025
Exclusion of Certain Territory Subject to Assessments
775.026
Conversion of Rural Fire Prevention Districts to Emergency Services Districts
775.031
District Powers
775.032
Certain Businesses Not Subject to Ad Valorem Tax or District Powers
775.033
Liability of District
775.034
Appointment of Board in District Located Wholly in One County
775.035
Election of Board in District Located in More than One County
775.036
Powers and Duties of Board
775.037
Officers of Board
775.038
Compensation
775.039
Differential Pay and Benefits for Employees of Emergency Services Districts
775.040
Fees for Providing Services
775.041
Fee Payment and Collection
775.042
Removal of Board Member by Board
775.043
Exemption from Investment Training
775.044
Vacancy on Board of District Located in More than One County
775.045
Applicability of Certain Laws
775.051
Expansion of District Territory
775.052
Petition for Dissolution
775.053
Hearing
775.054
Election to Confirm Dissolution
775.055
Administration of Property, Debts, and Assets After Dissolution
775.056
Transfer of Territory Between Districts
775.071
Limitation on Indebtedness
775.072
Depositories
775.073
Expenditures
775.074
Ad Valorem Tax
775.075
Reduction of Ad Valorem Tax Rate
775.076
Bonds and Notes Authorized
775.077
Election to Approve Bonds and Notes
775.078
Bond Anticipation Notes
775.082
Audit of District in Less Populous Counties
775.083
Annual Report
775.084
Competitive Bids
775.085
Loan for Real Property or Emergency Services Equipment
775.101
Creation
775.102
Term
775.103
Bond
775.104
Conflict of Interest
775.105
Administrative Support
775.106
Jurisdiction
775.107
Transfer of Jurisdiction
775.108
General Powers and Duties
775.109
Investigations
775.110
Inspection
775.111
Inspection for Fire Hazards
775.112
Records
775.113
Additional Investigation Powers
775.114
Insurance
775.115
Cooperation with Other Fire Marshals
775.116
Enforcement
775.117
Service of Process
775.118
Criminal Penalty
775.119
Criminal Penalty
775.151
Definitions
775.152
Hazardous Materials Service
775.153
Fee for Providing Hazardous Materials Service
775.154
Exemption for Governmental Entities
775.201
Definition
775.202
Agreement on Boundaries with Property Owners in Planned Community
775.203
Notice of Hearing
775.204
Adoption of Agreement and Approval of Exclusion
775.0205
Overlapping Districts
775.205
Effect of Adoption of Agreement and Approval of Exclusion
775.206
No Effect on Outstanding Obligations
775.0221
Arbitration Regarding Removed Territory
775.221
Authority to Divide District
775.222
Petition for Division
775.223
Hearing on Division of District
775.224
Appeal
775.225
Election to Confirm Division
775.226
Division Order
775.227
Administration of Districts After Division
775.228
Taxation for Outstanding Bonded Debt
775.229
Further Division Prohibited
775.0235
Removal of Certain Territory on Request of Municipality
775.0241
Taxes for Consolidated District
775.251
Sale and Disposition of Surplus or Salvage Property
775.301
Definition
775.302
Applicability
775.303
Delegation or Waiver by Commissioners Court
775.304
Powers Relating to District Property, Facilities, and Equipment
775.305
Budget
775.306
Business Participation
775.0315
Legal Representation
775.0341
Appointment of Board in Certain Districts Located in More than One County
775.0345
Election of Board in Certain Counties
775.0355
Disqualification of Emergency Services Commissioners in Certain Counties
775.0362
Limit on Regulation of Fireworks
775.0363
Regulation of Fireworks
775.0365
Board Training
775.0366
Service Contracts
775.0422
Removal of Appointed Board Member by Commissioners Court
775.0423
Removal of Elected Board Member
775.0445
Vacancy on Board of District Located in Certain Counties
775.0735
Disposition of Property
775.0745
Election to Increase Tax Rate
775.0751
Sales and Use Tax
775.0752
Sales and Use Tax Election Procedures
775.0753
Sales and Use Tax Effective Date
775.0754
Sales and Use Tax Agreement with Municipality After Annexation
775.0821
Alternative to Audit of District in Less Populous Counties
775.0825
Audit of District in Certain Populous Counties

Accessed:
Mar. 23, 2024

§ 775.024’s source at texas​.gov