Tex. Local Gov't Code Section 344.051
Authority of Municipality to Propose District


(a)

The governing body of a municipality with a population of not less than 25,000 nor more than 550,000, or a municipality with a population of more than 1.9 million, may propose the creation of a fire control, prevention, and emergency medical services district under this chapter.

(a-1)

The governing body of a municipality may propose the creation of a fire control, prevention, and emergency medical services district under this chapter if the municipality:

(1)

has a population of 5,000 or more and less than 25,000; and

(2)

is located in a county with a population of one million or more:

(A)

in which all or part of a municipality with a population of one million or more is located; and

(B)

that is adjacent to a county with a population of 2.5 million or more.

(a-2)

The governing body of a municipality may propose the creation of a fire control, prevention, and emergency medical services district under this chapter if the municipality is located in the extraterritorial jurisdiction of another municipality that has a population of 200,000 or more, both of which are located in a county with a population of less than 300,000 that is located on the international border.

(a-3)

The governing body of a municipality may propose the creation of a fire control, prevention, and emergency medical services district under this chapter if the municipality:

(1)

has a population of 19,000 or more and less than 60,000; and

(2)

contains a branch campus of North Central Texas College.

(b)

The proposed district may include all or any part of the municipality.

(c)

Except as provided by Subsection (f), a district may be created inside the boundaries of an emergency services district operating under Chapter 775 (Emergency Services Districts), Health and Safety Code, only if the governing body of the emergency services district gives its written consent by order or resolution not later than the 60th day after the date the governing body receives a request for its consent.

(d)

If the governing body of the emergency services district consents to the inclusion of territory inside its geographic boundaries, the territory may be included in the district in the same manner as other territory is included under this chapter.

(e)

The consent of the governing body of the emergency services district 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.

(f)

Subsection (c) does not apply if:

(1)

on the effective date of this chapter, the municipality is providing fire suppression and prevention services and emergency medical services; or

(2)

the fire control, prevention, and emergency medical services plan of the proposed district proposes emergency services that, on the effective date of this chapter, were not provided by any rural fire prevention district or emergency services district inside the boundaries of the municipality.

(g)

If the voters in a municipality with a population of more than 1.9 million create a fire control, prevention, and emergency medical services district under this chapter, the fire department shall comply with the minimum standards established by the National Fire Protection Association or its successor in function regarding fire protection personnel operating at emergency incidents.
Added by Acts 2001, 77th Leg., ch. 1295, Sec. 1, eff. June 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1204, Sec. 2.004, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 639 (S.B. 917), Sec. 14, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 852 (H.B. 339), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 898 (S.B. 1453), Sec. 1, eff. June 18, 2015.
Acts 2019, 86th Leg., R.S., Ch. 571 (S.B. 235), Sec. 1, eff. June 10, 2019.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 179, eff. September 1, 2023.

Source: Section 344.051 — Authority of Municipality to Propose District, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­344.­htm#344.­051 (accessed Jun. 5, 2024).

344.001
Short Title
344.002
Definitions
344.003
Liability of State
344.051
Authority of Municipality to Propose District
344.052
Temporary Board
344.053
Election Required
344.054
Confirmation Election Order
344.055
Sales and Use Tax
344.056
Notice of Election
344.057
Election Date
344.058
Ballot Proposition
344.059
Canvassing Returns
344.060
Dissolution of Temporary Board
344.061
Fire Control, Prevention, and Emergency Medical Services Plan and Budget Plan
344.062
Financing Creation of District
344.101
Board of Directors
344.102
Performance Bond
344.103
Officers
344.104
Compensation
344.105
Voting Requirement
344.106
Contract for Administrative Assistance
344.151
Financing District Programs
344.152
Coordination
344.153
General Board Power over Funds
344.154
Use of Revenue
344.155
Rules and Procedures
344.156
Purchasing
344.157
Property to Be Used in Administration
344.158
Reimbursement for Services
344.159
Service Contracts
344.160
Donations, Gifts, and Endowments
344.161
Authority to Sue and Be Sued
344.181
Election Required
344.182
Confirmation Election Order
344.183
Notice of Election
344.184
Ballot Proposition
344.185
Election Results
344.201
Fiscal Year
344.202
Audits and District Records
344.203
Annual Budget Proposal
344.204
Adoption of Budget
344.205
Approval of Budget
344.206
Limitations on Expenditures and Investments
344.207
Account of Disbursements of District
344.208
Deposit of Money
344.209
Applications for Program Funding
344.210
Bonds Prohibited
344.251
Referendum Authorized
344.252
Application for Petition
344.253
Petition
344.254
Copies of Application and Petition
344.255
Filing of Petition
344.256
Review by Clerk or Secretary
344.257
Certification
344.258
Election Order
344.259
Applicability of Election Code
344.260
Results of Referendum
344.261
Election Contest
344.301
Time for Dissolution of District
344.302
Dissolution of District

Accessed:
Jun. 5, 2024

§ 344.051’s source at texas​.gov