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<br />LOCAL GOVERNMENT CODE
<br />CHAPTER 344. FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL
<br />SERVICES DISTRICTS
<br />SUBCHAPTER A. GENERAL PROVISIONS
<br />Sec. 344.001. SHORT TITLE. This chapter may be cited as the
<br />Control, Prevention, and Emergency Medical Services District
<br />
<br />Fire
<br />Act.
<br />Added by Acts 2001, 77th Leg., ch. 1295, Sec. I, eff. June I, 2001.
<br />Sec. 344.002. DEFINITIONS. In this chapter:
<br />(1) "Board" means the board of directors of
<br />
<br />a
<br />
<br />district.
<br />
<br />(2) "Director" means a member of a board.
<br />(3) "District" means a fire control, prevention, and
<br />emergency medical services distr ict created under this chapter.
<br />Added by Acts 2001, 77th Leg., ch. 1295, Sec. I, eff. June 1,2001.
<br />Sec. 344.003. LIABILITY OF STATE. The state is not
<br />obligated for the support, maintenance, or dissolution of a
<br />distr ict cr eated under this chapter.
<br />Added by Acts 2001, 77th Leg., ch. 1295, Sec. I, eff. June I, 2001.
<br />SUBCHAPTER B. CREATION OF DISTRICT AND TEMPORARY BOARD
<br />Sec. 344.051. AUTHORITY OF MUNICIPALITY TO PROPOSE
<br />DISTRICT. (a) The governing body of a municipality with a
<br />population of not less than 25,000 nor more than 550,000, or a
<br />municipality with a population of more than 1. 9 million, may
<br />propose the creation of a fire control, prevention, and emergency
<br />medical services distr ict under this chapter.
<br />(b) The proposed distr ict may include all or any part of the
<br />municipality.
<br />(c) Except as provided by Subsection (f), a district may be
<br />created inside the boundaries of an emergency services district
<br />operating under Chapter 775 or 776, Health and Safety Code, only if
<br />the governing body of the emergency services district gives its
<br />written consent by order or resolution not later than the 60th day
<br />after the date the governing body receives a request for its
<br />consent.
<br />(d) If the governing body of the emergency services distr ict
<br />consents to the inclusion of territory inside its geographic
<br />boundaries, the territory may be included in the district in the
<br />same manner as other territory is included under this chapter.
<br />(e) The consent of the governing body of the emer gency
<br />services distr ict to include terr itory in the distr ict and to
<br />initiate proceedings to create a district as prescribed by this
<br />chapter expires six months after the date on which the consent is
<br />given.
<br />(f) Subsection (c) does not apply if:
<br />_ (1) on the_ effective date of this chapter, the
<br />municipality is providing fire suppression and prevention services
<br />and emergency medical services; or
<br />(2) the fire control, prevention, and emergency
<br />medical services plan of the proposed district proposes emergency
<br />services that, on the effective date of this chapter, were not
<br />provided by any rural fire prevention district or emergency
<br />services distr ict inside the boundar ies of the municipality.
<br />(g) If the voters in a municipality with a population of
<br />more than 1.9 million create a fire control, prevention, and
<br />emergency medical services district under this chapter, the fire
<br />department shall comply with the minimum standards established by
<br />the National Fire Protection Association or its successor in
<br />function regarding fire protection personnel operating at
<br />emergency incidents.
<br />Added by Acts 2001, 77th Leg., ch. 1295, Sec. I, eff. June 1,2001.
<br />Amended by Acts 2003, 78th Leg., ch. 1204, Sec. 2.004, eff. Sept. I,
<br />2003.
<br />Sec. 344.052. TEMPORARY BOARD. (a) Not later than the
<br />60th day after the date the governing body proposes to create a
<br />distr ict under this chapter, the governing body shall appoint seven
<br />per sons to serve as temporary dir ector s of the distr ict. The
<br />temporary directors must reside in the proposed distr ict.
<br />(b) Not later than the 75th day after the date the governing
<br />body proposes to create the district, the temporary board shall
<br />conduct a meeting to organize the board. The temporary directors
<br />shall elect one of its members as presiding officer of the board at
<br />that meeting.
<br />(c) A temporary director other than the presiding officer
<br />may designate another person to serve in the director's place.
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