BILL ANALYSIS



C.S.H.B. 2030
By: Raymond
4-26-95
Committee Report (Substituted)


BACKGROUND

In 1993, fire departments reported a total of 100,131 fires at a
cost of more than $387,000,000 to communities in Texas.  According
to the Texas Commission on Fire Protection, approximately 50,000
fires were suspected to have been set deliberately or maliciously. 
Cases of arson resulted in 111 deaths and more than 700 injuries in
Texas.  In addition, fires resulting from arson cost Texans more
than $150,000,000 in lost or damaged property.

PURPOSE

CSHB 2030 allows a county, state agency, or other public fire
suppression entity to recover the cost of furnishing fire
protection if a fire is negligently, recklessly, or intentionally
set.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Subtitle C, Title 11, Local Government Code, is amended
by adding Chapter 363 to read as follows: 
                CHAPTER 363. FIRE PROTECTION COSTS

     Sec. 363.001.  ACTIONS TO RECOVER COSTS OF FIRE PROTECTION. 
(a) Provides that a county, state agency, or other fire suppression
entity may recover from a person the reasonable costs incurred for
furnishing fire protection to control or extinguish a fire if (1)
the fire is negligently, recklessly, or intentionally set by the
person, or (2) the fire is the result of a person's conduct for
which the person is adjudged guilty of an offense under Section
28.02 or 28.04, Penal Code.

     (b) Provides that if a determination is made during a criminal
trial that a person      committed an offense under Section 28.02
or 28.04, Penal Code, and as a result of the      offense the
person caused an incident resulting in a fire suppression response
by a       county, state agency, or public fire suppression entity,
the court may include the     obligation for the liability as part
of the judgement.

     (c) Provides that liability is a debt of the person to the
county, state agency, or other     public fire suppression entity
and may be collected in the same manner as a public    agency
collects an express or implied contractual obligation.

     (d) Provides that a person's liability under this section for
the reasonable expense of a   response may not exceed $5,000 for a
particular incident.  Provides that a reasonable  expense includes
only those costs directly arising from the response to a particular
     incident, including the costs of any salary of the fire
suppression personnel who     participated in the response to the
incident.

     (e) Requires a bill for the expense of a county, state agency,
or other public fire     suppression entity for the provision of
fire protection for an incident must contain an   itemized
accounting of the components of the total charge.

     (f) Provides that the jurisdiction and venue of an action
under this section are in the      district court, county court at
law, or justice court of the area where the fire occurred. 

SECTION 2.  Effective date is September 1, 1995, and applies only
to a cause of action that accrues on or after that date.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute broadens the scope of who can recover the
cost of furnishing fire protection to include a state agency or
other fire protection entity.  

The committee substitute removes the requirement that a county seek
civil action to recover the costs of fire protection and replaces
it with a provision that allows a court to include the obligation
for the liability of costs incurred for fire protection as part of
a judgement against a person convicted of arson or reckless damage
and destruction to property.

In addition, the committee substitute adds the provisions that a
person's liability under this section may not exceed $5,000 and
that a bill for the expense incurred for fire protection must
contain an itemized accounting of the components of the total
charge.

SUMMARY OF COMMITTEE ACTION

HB 2030 was considered by the County Affairs in a public hearing on
4/26/95. Representative Raymond opened. The chair recognized the
following person to testify for HB 2030: Howard Katz, representing
himself and the Harris County ESD No. 9 and Galveston County ESD
No. 1. Representative Raymond closed. The County Affairs Committee
considered a complete committee substitute to HB 2030. The
substitute was adopted without objection. HB 2030 was reported
favorably, as substituted, with the recommendation that it do pass
and be printed, by the record vote of: 7 ayes, 0 nays, 0 pnv, 2
absent.