SB2965 - Relating to territory in an emergency services district that is annexed by a municipality.

      S.B. No. 2965         AN ACT   relating to territory in an emergency services district that is   annexed by a municipality.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 775.022, Health and Safety Code, is   amended by amending Subsection (a) and adding Subsection (a-1) to   read as follows:          (a)  If a municipality completes all other procedures   necessary to annex territory in a district , including the   preparation of a service plan if required by Section 43.056, Local   Government Code, [ and if ] the municipality intends to remove the   territory from the district , and the municipality is capable at the   time of the removal of being [ be ] the sole provider of emergency   services to the territory by the use of municipal personnel or by   some method other than by use of the district, the municipality   shall send written notice of those facts , and the completed service   plan, if applicable, to the board not later than the 30th day after   completing the necessary procedures .  The municipality must send   the notice to the secretary of the board by certified mail, return   receipt requested. The territory remains part of the district and   does not become part of the municipality until the secretary of the   board receives the notice and the board by resolution disannexes   the territory from the district .   The board must send a copy of the   resolution to the municipality by certified mail, return receipt   requested, not later than the 30th day after the date on which the   board adopts the resolution. If the governing body of the   municipality disagrees with the board's determination that the   municipal services will not meet or exceed the level of service   provided by the district, the municipality may adopt a resolution   stating the grounds for the disagreement and requesting arbitration   in the manner provided by Section 775.0221.     If the board determines   that the municipal services planned to be provided in the territory   will not meet or exceed the level of service provided by the   district in the territory, the board shall adopt that determination   in a resolution and may not by resolution disannex the territory   from the district.   If the board determines that municipal services   planned to be provided in the territory will meet or exceed the   level of service provided by the district in the territory at the   time of disannexation [ On receipt of the notice ], the board shall by   resolution disannex the territory from the district, notify the   appraisal district to [ immediately ] change its records to show that   the territory has been disannexed from the district , and [ shall ]   cease to provide further services to the residents of that   territory. This subsection does not require a municipality to   remove from a district territory the municipality has annexed.   For   the purposes of this subsection, "level of service" for fire and   emergency medical protection means the location, deployment, and   response time of fire suppression or medical resources originally   dispatched to a structural or wildland fire or emergency medical   incident.           (a-1)     A board is considered to have approved a disannexation   of territory under Subsection (a) if the board fails to provide to   the municipality a resolution disapproving or approving the   disannexation before the 30th day after the date the board receives   the notice under Subsection (a) from the municipality.          SECTION 2.  Section 775.0221, Health and Safety Code, is   amended by adding Subsection (a-1) and amending Subsection (b) to   read as follows:           (a-1)     If the governing body of a municipality adopts a   resolution under Section 775.022 disputing the determination of the   board of a district that municipal services will not meet or exceed   the level of service provided by the district and requesting   arbitration, the municipality and the district shall resolve the   dispute using binding arbitration.            (b)  A request for binding arbitration must be in writing and   may not be made before the 60th day after the date the municipality   receives , as applicable:                   (1)     a resolution from the district under Section   775.022 determining that municipal services will not meet or exceed   the level of service provided by the district; or                 (2)   notice from the district regarding the amount of   compensation required under Section 775.022.          SECTION 3.  This Act takes effect September 1, 2025.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 2965 passed the Senate on   May 9, 2025, by the following vote: Yeas 30, Nays 1; and that the   Senate concurred in House amendment on May 30, 2025, by the   following vote: Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 2965 passed the House, with   amendment, on May 28, 2025, by the following vote: Yeas 124,   Nays 14, three present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor