Tex. Health & Safety Code 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:

(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;

(4)

sue and be sued;

(5)

impose and collect taxes as prescribed by this chapter;

(6)

accept and receive donations;

(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;

(11)

borrow money; and

(12)

perform other acts necessary to carry out the intent of this chapter.

(b)

A district located wholly within a county with a population of more than 3.3 million may not provide fire prevention or fire-fighting services unless the district:

(1)

was originally a rural fire prevention district and was converted to an emergency services district under this chapter or former Section 794.100; or

(2)

is created after September 1, 2003.

(b-1)

A district that was formerly a rural fire prevention district that is not otherwise prohibited by statute from providing fire prevention or fire-fighting services may provide those services.

(c)

A district may contract with the state or a political subdivision for law enforcement services or for enforcement of the district’s fire code. A district may commission a peace officer or employ a person who holds a permanent peace officer license issued under Section 1701.307 (Issuance of Officer or County Jailer License), Occupations Code, as a peace officer.

(d)

A district is not required to perform all the functions authorized by this chapter. A district may be created to provide limited services.

(e)

Repealed by Acts 2023, 88th Leg., R.S., Ch. 298 (S.B. 1794), Sec. 7(3), eff. March 1, 2024.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 272, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 392, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 496, Sec. 5, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 272, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 886, Sec. 7, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 235, Sec. 4, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 930, Sec. 3, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1204, Sec. 1.004, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 55, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 791 (S.B. 1425), Sec. 1, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 298 (S.B. 1794), Sec. 7(3), eff. March 1, 2024.

Source: Section 775.031 — District Powers, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­775.­htm#775.­031 (accessed Apr. 20, 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:
Apr. 20, 2024

§ 775.031’s source at texas​.gov