Untitled Texas Attorney General Opinion

The Attorney’ General of Texas JIM MATTOX March lg.'1986 Attorney General Supreme Court Building Bowsable Guy Jarm?oGray opinion No. JM-453 P. 0. BOX 12548 Criminal District Attorney Austin. TX. 78711. 2548 P. 0. Box 1329 Re: Applicability of article 2351a-6, 51214752501 Jasper, Texas 7!i951 V.T.C.S., to the withdrawal of a city Telex 9101874-1387 Telecopier 5W475-0288 from a rural fire prevention district Dear Mr. Gray: 714 Jackson, Sulle 700 Dallas, TX. 7520245M You ask for the opinion of this office concerning the right of a 214l742.8944 city within a nmal fire prevention district to withdraw from the district. You a&r:tseus that the Jasper County Rural Fire Prevention 4824 Alberta Ave., Suite 180 District Ho. 4. composed of a portion of Jasper County. was created El Paso, TX. 799052793 under the provisf(ms of article III. section 48-d, of the Texas 9151533-3484 Constitution and a.rticle 2351a-6, V.T.C.S. The city of Jasper was included in the original boundaries of the district. In 1983, the 100, Texas, Suite 700 voters of the proposed district, including the voters of the city of Houston, TX. 77002-3111 Jasper, voted in xcordance with the provisions of article 2351a-6 to 71312235888 confirm the organ:Lz:ation of the district and to authorize the levy of a tax not to exceed three cants on the $100 valuation of property. V.T.C.S. art. 235l.er6,$12. WE Broadway. Suite 312 Lubbock, TX. 79401-3479 8OW47.5238 Except for the issuance of bonds or notes which are authorized by sections 12A-12G of article 2351a-6, a rural fire prevention district may not contract :Eor an indebtedness in any one year in excess of 4309 N. Tenth, Suite B funds then on hand or in excess of an amount which may be satisfied McAllen, TX. 78501-1685 51216824547 out of current rrrenues for the year. V.T.C.S. art. 2351a-6, 512. A fire prevention di:strictis authorized to issue bonds and notes that are payable from and secured by liens on and pledges of ad valorem 200 Main Plaza, Suite 400 taxes, or revenueiI,income, or receipts of the district, or a combina- San Antonio, TX. 78205-2797 51212254191 tion of taxes, revenues, incoma, and receipts. V.T.C.S. art. 2351a-6, 512A(a). The sta!:uteprovides that if bonds or notes are payable from ad valorem texes, the Board of Fire Commissioners, at the time of the An Equal OppOrtunityI authorization of the bonds or notes, shall levy a tax sufficient to Affirmative Action Employer pay the principal of and interest on the bonds or notes and to provide reserve funds. Sets. 12A(j), (k). Bonds or notes secured by taxes may not be authorbred until approved by the voters of the district at an election for that purpose. Seci 12B. Section 14a of the act provides for expansion of the area of a district. Effective September 1. 1985, section 14b was added to the act to authorize the exclusion of a city from a Eire prevention district's territory. Section 14b provides that p. 2057 Honorable Guy Jamas Gray - P,age2 (JM-453) (a) The governing body of a city that has an area within its corporate or extraterritorial jurisdiction included within a rural fire preven- tion district my, on agreeing to provide fire protection to the area as provided by Section 8B of this Act, or if the area is designated au industrial distrLct under Section 5, Municipal Annexation Act (Article 970a. Vernon's Texas Civil Statutes), notif!, the secretary of the board of fire commissione:rs in writing that the area is excluded fromthe district's territory. (b) On receipt of the notice under Subsection (a) of this section. the board shall cease to provide further :rarviceto the area, exclude the area by order from the district, and redefine the district's boundaries. Subsequently, on October 28, 1985, the city of Jasper notified the Jasper County Rural Fire District No. 4 that the city had adopted a resolution to exclude the arca within its corporate and extra- territorial jurisdiction from the fire prevention district's territory. You first inquire whether section 14b of article 2351a-6 applies only to rural fire prevent:Lon districts created after September 1, 1985. We believe that whwl section 14b became law on September 1, 1985, it became applicable on that date to all rural fire prevention districts created and then existing under article 23518-6. Where the legislature makes no exceptions to the provisions of a statute, it is presumed that the legislature intends no exceptions. It is well settled that ~zxceptions in statutes are not ordinarily implied. See Spears v. City of San Antonio, 223 S.W. 166, 169 (Tex. 1920); Stubxv. Lowrey's II:&, 253 S.W.2d 312, 313 (Tex. Civ. App. - Eastland 1952, writ ref'd n.r.e.). We find nothing in the act to indicate that the legislature intended section 14b to apply only in the case of rural fire prevention districts created after September 1, 1985. Your second question