Texas § HS.775.014 - CREATION OF DISTRICT THAT INCLUDES MUNICIPAL TERRITORY

§ HS.775.014. CREATION OF DISTRICT THAT INCLUDES MUNICIPAL TERRITORY

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 district must be presented to the municipality's governing body after the petition is filed under Section 775.015 . Except as provided by Subsection (c), that territory may not be included in the district unless the municipality's governing body gives its written consent on or before the 60th day after the date on which the municipality receives the request. (b) If the municipality's governing body does not consent to inclusion within the 60-day period prescribed by Subsection (a), a majority of the qualified voters and the owners of at least 50 percent of the territory in the municipality's limits or extraterritorial jurisdiction that would have been included in the district may petition the governing body to make fire control and emergency medical and ambulance services available. The petition must be submitted to the governing body not later than the 90th day after the date on which the municipality receives the request under Subsection (a). (c) If the municipality's governing body refuses or fails to act on the petition requesting fire protection and emergency medical and ambulance services within six months after the date on which the petition submitted under Subsection (b) is received, the governing body's refusal or failure to act constitutes consent for the territory that is the subject of the petition to be included in the proposed district. (d) If the proposed district will include territory designated by a municipality as an industrial district under Section 42.044 , Local Government Code, consent to include the industrial district must be obtained from the municipality's governing body in the same manner provided by this section for obtaining consent to include territory within the limits or extraterritorial jurisdiction of a municipality. (e) If the municipality's governing body consents to inclusion of territory within its limits or extraterritorial jurisdiction, or in an industrial district, the territory may be included in the district in the same manner as other territory is included under this chapter. (f) A governing body's consent to include territory in the district and to initiate proceedings to create a district as prescribed by this chapter expires six months after the date on which the consent is given. (g) This section does not apply if the proposed district contains territory in the unincorporated area of a county with a population of 3.3 million or more. Without reference to the amendment of this subsection, this subsection was repealed by Acts 2023, 88th Leg., R.S., Ch. 298 (S.B. 1794 ), Sec. 7(1), eff. March 1, 2024. (h) The governing body of a municipality with a population of more than one million may negotiate with the commissioners court of a county with a population of less than 2.1 million that is the county in which the majority of the territory inside the municipality's corporate boundaries is located conditions under which the municipality will grant its consent to the inclusion of its extraterritorial jurisdiction in the district. The negotiated conditions may: (1) limit the district's ability to incur debt; (2) require the district to ensure that its equipment is compatible with the municipality's equipment; and (3) require the district to enter into mutual aid agreements. (i) If a request under this section is submitted to a municipality that has a population of more than one million and the majority of the territory inside the municipality's corporate boundaries is located inside a county with a population of less than 2.1 million, the request must include: (1) a copy of the petition submitted under Section 775.015 ; and (2) a sufficient legal description of the portion of the municipality and its extraterritorial jurisdiction that would be included in the district territory. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 5, Sec. 1, eff. Feb. 28, 1991; Acts 1999, 76th Leg., ch. 496, Sec. 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 886, Sec. 2, eff. Sept. 1, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702 ), Sec. 53, eff. September 1, 2011. Acts 2023, 88th Leg., R.S., Ch. 298 (S.B. 1794 ), Sec. 1, eff. March 1, 2024. Acts 2023, 88th Leg., R.S., Ch. 298 (S.B. 1794 ), Sec. 7(1), eff. March 1, 2024. Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559 ), Sec. 107, eff. September 1, 2023.