BILL ANALYSIS



C.S.H.B. 2872
By: Johnson
05-03-95
Committee Report (Substituted)


BACKGROUND

Existing legislation enables political subdivisions to enter into
interlocal agreements for the purpose of providing mutual-aid in
the event of a fire or disaster which exceeds their individual
resources.  There is no state-wide mutual-aid plan which would
mobilize resources on a regional or state-wide basis to meet the
challenges of major events such as a massive hurricane, widespread
flooding, a winter storm, tornado, or large wildland fire.

The problems in Florida and Louisiana in coping with the aftermath
of Hurricane Andrew and extensive fires in central and west United
States during 1993 and 1994 brought into focus the need for a
statewide mutual aid plan.  According to the Texas Forest Service,
in 1993 approximately 19,000 fires destroyed over 1.3 million acres
of grass and timber.  In 1994, approximately 10,700 fires destroyed
more than 710,000 acres of grass and timberlands.

While the initial focus is upon fire and rescue services, this is
meant to be an all hazards and interdisciplinary plan which would
include law enforcement, public works, transportation, utilities,
etc.

PURPOSE

The purpose of this legislation is to develop a statewide mutual
aid agreement to provide assistance in the event that a man-made or
natural disaster exceeds the capabilities of resources provided for
in existing county-wide or regional agreements.

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.  Amends Section 418.04 (5) of the Local Government Code,
as follows:  Adds language which would include a Volunteer Fire
Department or Rescue Squad within the definition of an "Organized
volunteer group".

SECTION 2.  Amends Section 418.109 of the Local Government Code, as
follows:  Adds language to allow any municipality, county, rural
fire prevention district, emergency services district, fire
protection agency, organized volunteer group, or other emergency
services entity to provide mutual aid assistance to a similar group
provided that the approval and consent of the presiding officer of
the governing body, political subdivision, agency, or group is
obtained.

SECTION 3.  Emergency Clause.  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

Substantively, there is no difference between the original and the
substitute.  The only change is in the drafting style.

SUMMARY OF COMMITTEE ACTION
H.B. 2872 was considered by the committee in a public hearing on
April 18, 1995.
The following persons testified for the bill:
     John Lee Cook, Jr., representing North Central Texas Fire
Chief, Association.
     Bobby R. Young, representing Volunteer Fire Departments.
The following person testified on the bill:
     Tom Millwee, representing the Division of Emergency
Management.
The bill was left pending.

H.B. 2872 was considered by the committee in a formal meeting on
April 25, 1995.
The committee considered a complete substitute for the bill. The
substitute was adopted without objection.  The bill was reported
favorably as substituted, with the recommendation that it do pass
and be printed, by a record vote of 6 ayes, 0 nays, 0 pnv, 3
absent.