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
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   3-26  Name:  Durwood Tucker                            x
   3-27  Representing:  Tx Farm Bureau
   3-28  City:  Austin
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   3-30  Name:  Bruce Miles                                             x
   3-31  Representing:  Tx Forest Service
   3-32  City:  College Station
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