Texas Health and Safety Code 775.019 – Election Result and Commissioners Court Order
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(a) A district is created and organized under this chapter if a majority of the votes cast in the election favor creation of the district.
(b) A district may not include territory in a municipality’s limits or extraterritorial jurisdiction unless a majority of the voters residing in that territory who vote at the election vote in favor of creating the district and imposing a tax. The exclusion of that territory does not affect the creation of a district that includes the remainder of the proposed territory if the commissioners court’s findings under § 775.017 are favorable to the district’s creation.
Terms Used In Texas Health and Safety Code 775.019
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) Repealed by Acts 1991, 72nd Leg., ch. 620, Sec. 2, eff. June 16, 1991.
(d) If a majority of those voting at the election vote against creation of the district, the commissioners court may not order another election for at least one year after the date of the official canvass of the most recent election concerning creation of the district. A subsequent election must be held in the same manner provided by this chapter for the original creation election.
(e) When a district is created, the commissioners court of each county in which the district is located shall enter in its minutes an order that reads substantially as follows:
Whereas, at an election held on the ______ day of ____________, 19___, in that part of ____________ County, State of Texas, described as (insert description unless the district is countywide), there was submitted to the qualified voters the question of whether that territory should be formed into an emergency services district under state law; and
Whereas, at the election ______ votes were cast in favor of formation of the district and ______ votes were cast against formation; and
Whereas, the formation of the emergency services district received the affirmative vote of the majority of the votes cast at the election as provided by law;
Now, therefore, the Commissioners Court of ____________ County, State of Texas, finds and orders that the tract described in this order has been duly and legally formed into an emergency services district (or a portion thereof) under the name of ____________, under Article III, § 48-e, of the Texas Constitution, as proposed by S.J.R. No. 27, Acts of the 70th Legislature, Regular Session, 1987, and adopted by the voters at an election held November 3, 1987, and has the powers vested by law in the district.
(f) Repealed by Acts 2023, 88th Leg., R.S., Ch. 298 (S.B. 1794), Sec. 7(2), eff. March 1, 2024.