1-1 By: Black, et al. (Senate Sponsor - Sims) H.B. No. 842
1-2 (In the Senate - Received from the House March 31, 1993;
1-3 April 1, 1993, read first time and referred to Committee on Natural
1-4 Resources; April 27, 1993, reported favorably by the following
1-5 vote: Yeas 8, Nays 0; April 27, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to fire prevention and fire-fighting support activities of
1-22 the Texas Forest Service.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 88.101, Education Code, is amended to
1-25 read as follows:
1-26 Sec. 88.101. Director of Texas Forest Service. <(a)> The
1-27 board shall appoint a director of the Texas Forest Service, who
1-28 shall be a technically trained forester with not less than two
1-29 years of experience in professional forestry work.
1-30 <(b) In this subchapter, "director" means the director of
1-31 the Texas Forest Service.>
1-32 SECTION 2. Subchapter B, Chapter 88, Education Code, is
1-33 amended by adding Sections 88.1015 and 88.117-88.120 to read as
1-34 follows:
1-35 Sec. 88.1015. DEFINITIONS. In this subchapter:
1-36 (1) "Director" means the director of the Texas Forest
1-37 Service.
1-38 (2) "Wildfire" means any fire occurring on wildland
1-39 except a fire that constitutes controlled burning within the
1-40 meaning of Section 28.01, Penal Code.
1-41 (3) "Wildland" means an area in which there is
1-42 virtually no development except for:
1-43 (A) roads, railroads, transmission lines, and
1-44 similar transportation facilities; or
1-45 (B) development related to use of the land for
1-46 park purposes or for timberland or other agricultural purposes.
1-47 Sec. 88.117. STATEWIDE FIRE CONTINGENCY ACCOUNT. (a) The
1-48 statewide fire contingency account is established as an account in
1-49 the general revenue fund.
1-50 (b) The governor, the board, and the director may accept
1-51 gifts and grants, including federal grants, and other federal
1-52 assistance for deposit into the account.
1-53 (c) Money in the account may be used only to:
1-54 (1) develop and deploy fire overhead management teams;
1-55 (2) pay the direct costs of using Texas Forest Service
1-56 equipment and personnel to support local fire-fighting forces in
1-57 the suppression of fires during wildfire emergencies or threatened
1-58 wildfire emergencies;
1-59 (3) pay the direct costs of local fire-fighting forces
1-60 that are mobilized to respond to wildfire emergencies or threatened
1-61 wildfire emergencies in aid of another fire-fighting force;
1-62 (4) pay for any expenses incurred by the Texas Forest
1-63 Service, or otherwise by the state, when fires are combatted under
1-64 the South Central Interstate Forest Fire Prevention Compact or with
1-65 the assistance of the federal forest service; and
1-66 (5) pay for any other expenses that the director is
1-67 required to pay from this account under federal law.
1-68 (d) Money in the account may not be used or transferred from
2-1 the account except for the purposes prescribed by Subsection (c) of
2-2 this section or as required by Subsection (e) of this section.
2-3 (e) Any unobligated amount over $1,000,000 remaining in the
2-4 account on August 31 of each year shall be transferred into the
2-5 undedicated portion of the general revenue fund except as
2-6 prohibited by other law.
2-7 Sec. 88.118. STATEWIDE FIRE COORDINATION CENTER. (a) The
2-8 director shall establish a statewide fire coordination center.
2-9 (b) The center shall provide continuous dispatching services
2-10 for wildland fire control in the six Texas Forest Service dispatch
2-11 areas in eastern Texas.
2-12 (c) The center shall provide a central location for
2-13 statewide:
2-14 (1) wildfire monitoring;
2-15 (2) coordination of the response to each major or
2-16 potentially major wildland fire in the state, including fires in
2-17 places where urban areas and rural areas meet, with the
2-18 coordination function including a direct liaison with the state
2-19 emergency operating center; and
2-20 (3) assistance to fire-fighting forces in obtaining
2-21 the transfer of needed and available resources.
2-22 Sec. 88.119. REGIONAL WILDFIRE COORDINATORS. (a) The
2-23 director shall divide the state into six wildfire control regions
2-24 to coordinate fire control in rural areas and in places where rural
2-25 areas and urban areas meet. The boundaries of the regions must be
2-26 the same as existing Department of Public Safety regions that
2-27 include state disaster district boundaries to the extent that the
2-28 director determines that the same boundaries are practical.
2-29 (b) The director shall employ and assign a regional wildfire
2-30 coordinator to each fire control region.
2-31 (c) Each regional wildfire coordinator shall, with respect
2-32 to the coordinator's region:
2-33 (1) train, prepare, and coordinate fire fighters to
2-34 respond to wildfire incidents locally, regionally, and statewide;
2-35 (2) inform the statewide coordination center of
2-36 regional wildfire loads and of additional resources that may be
2-37 required to handle a fire load;
2-38 (3) communicate as necessary with appropriate federal
2-39 officials;
2-40 (4) assist and promote the development of mutual aid
2-41 agreements among fire-fighting forces;
2-42 (5) develop wildfire strike teams and overhead strike
2-43 teams;
2-44 (6) coordinate and assess the need for wildland fire
2-45 training;
2-46 (7) coordinate the rural community fire protection
2-47 program;
2-48 (8) coordinate response activities through the
2-49 appropriate state disaster district; and
2-50 (9) evaluate and acquire excess federal equipment and
2-51 other property for use in the region.
2-52 (d) The director shall acquire and assign to each wildfire
2-53 control region a regional command post that has the capability to
2-54 assist in the management of wildland fires and other disasters,
2-55 including disasters not related to fire. The director and the
2-56 director's designees shall determine when the regional command post
2-57 may be used by personnel under the control of the director and when
2-58 the regional command post may be used by local fire-fighting forces
2-59 or other emergency response personnel. Each regional command post
2-60 shall include mobile communications equipment, including a radio
2-61 repeater and a supply of other necessary radio equipment.
2-62 Sec. 88.120. WILDFIRE TRAINING. The Texas Forest Service is
2-63 the lead agency of the state for providing and coordinating
2-64 training in fighting wildland and forest fires.
2-65 SECTION 3. The legislature may not appropriate general
2-66 revenue to the statewide fire contingency account established by
2-67 this Act before the fiscal year that begins September 1, 1998.
2-68 SECTION 4. The importance of this legislation and the
2-69 crowded condition of the calendars in both houses create an
2-70 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended,
3-3 and that this Act take effect and be in force from and after its
3-4 passage, and it is so enacted.
3-5 * * * * *
3-6 Austin,
3-7 Texas
3-8 April 27, 1993
3-9 Hon. Bob Bullock
3-10 President of the Senate
3-11 Sir:
3-12 We, your Committee on Natural Resources to which was referred H.B.
3-13 No. 842, have had the same under consideration, and I am instructed
3-14 to report it back to the Senate with the recommendation that it do
3-15 pass and be printed.
3-16 Sims,
3-17 Chairman
3-18 * * * * *
3-19 WITNESSES
3-20 FOR AGAINST ON
3-21 ___________________________________________________________________
3-22 Name: Tommy Engelke x
3-23 Representing: Rural Fire Advisory Committee
3-24 City: Austin
3-25 -------------------------------------------------------------------
3-26 Name: Durwood Tucker x
3-27 Representing: Tx Farm Bureau
3-28 City: Austin
3-29 -------------------------------------------------------------------
3-30 Name: Bruce Miles x
3-31 Representing: Tx Forest Service
3-32 City: College Station
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