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TlE ATTORNEY GENERAL
OF TEXAS
JarM M TLnX December 29, 1989
ATTORNEY GENERAL
Honorable Hector Uribe Opinion No. JM-1129
Chairman
Subcommittee on Water Re: Whether an emergency ser-
Texas State Senate vice district is required to
P. O. Box 12068 provide services to tax-exempt
Austin, Texas 78711 entities in its district
(RQ-1769)
Dear Senator Uribe:
Article III, section 48-e, of the Texas Constitution
(adopted pursuant to S.J.R. 27, 1, Acts 1987, 70th Leg.)
permits the creation of special districts to provide
emergency services and authorizes a property tax to support
them.1 Pursuant to this constitutional authority, the
legislature adopted article 2351a-8, V.T.C.S., allowing the
organization of emergency services districts with power "to
carry out the objects of their creation, including fire
prevention, fire fighting services, emergency medical
services, and ambulance services." V.T.C.S. art. 2351a-8,
14.2 The district may "levy and enforce the collection of
taxes in the manner and subject to the limitations provided
in this Act against the lands and other property within the
district for the district revenues." Id. 14(a)(5) ; see
Attorney General Opinion JM-1010 (1989).
You point out that tax-exempt property is located in
emergency service districts and ask the following question:
1. Another constitutional provision also identified as
article III, section 48-e authorizes legislation creating
jail districts. H.J.R. 18, 1, Acts 1987, 70th Leg.
2. Article 2351a-9, V.T.C.S., authorizes the creation
of emergency fire services districts in counties with a
population of 125,000 or less. Because you only ask about
article 2351a-8, we do not address the provisions of article
2351a-9.
p. 5940
