SRC-MAX, TNM S.B. 1277 75(R)

Senate Research Center   S.B. 1277
By: Lucio
Intergovernmental Relations
3-31-97
As Filed


DIGEST 
  
Currently, an emergency services district (ESD) is a special district to
provide health and safety related services to the property within its
boundaries. An ESD is usually created to provide fire protection service
to areas that do not receive municipal fire service.  ESDs may also
provide emergency medial treatment, hazardous material spill response, and
other emergency services.  This bill sets forth certain provisions
relating to emergency service districts. 

PURPOSE

As proposed, S.B. 1277 sets forth provisions for emergency service
districts.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 775C, Section 775.038, Health and Safety Code,
to provide that emergency services commissioners are entitled to receive
fees of office of not more than $50 a day for each day the commissioner
actually spends performing the duties of a commissioner.  Prohibits the
fees of office from exceeding $3,000 per annum. Authorizes the
commissioner to also receive reimbursement for reasonable and necessary
expenses incurred in performing official duties. Requires each
commissioner to file with the district a verified statement showing the
number of days actually spent in the service of the district and a general
description of the duties performed for each day of service in order to
receive fees of office and to receive reimbursement for expenses.
Provides that commissioners are subject to the provisions of Chapter 171,
Local Government Code, relating to the regulation of conflict of interest
of officers of local government. 

SECTION 2. Amends Chapter 775E, Health and Safety Code, by adding Section
775.084, as follows: 

Sec.  775.084.  COMPETITIVE BIDS REQUIREMENT.  Requires the board of
emergency services commissioners (board) to submit to competitive bids an
expenditure of more than $25,000 for a certain number of items or
services.  Requires the board to request bids on items to be purchased or
leased or services to be performed as provided by this subsection.
Requires the board to notify suppliers, vendors, or purchasers with
written notice by mail of the intended purchase.  Requires the board to
give written notice directly to certain persons related to the intended
purchase if the board decides to advertise for bids.  Sets forth the
procedures for the board in relation to the number of bids received under
this section. Requires the advertisement or notice for competitive bidding
to contain information. Prohibits the board from preparing restrictive bid
specifications.  Authorizes bids to be opened only by the board at a
public meeting or by a district officer or employee at or in a district
office.  Authorizes the board to reject any bid.  Prohibits the board from
awarding a contract to a bidder who is not the lowest under certain
circumstances.  Provides that a contract awarded in violation of this
section is void.  Provides than this section applies to an expenditure of
district tax revenues by any party or entity for the purchase of services,
vehicles, equipment, or goods.  Provides that this section does not apply
to certain other  purchases, items, services, or emergency expenditures.
Requires contracts for public works projects to be administered in
accordance with Chapter 271B, Local Government Code. 

SECTION 3. Amends Chapter 775E, Health and Safety Code, by adding Section
775.025, as follows: 

Sec.  775.083.  ANNUAL REPORT TO SECRETARY OF STATE.  Requires a district
to file with the secretary of state an annual report that includes certain
information.  Prohibits the secretary of state from charging a fee for
this filing. 

SECTION 4. Amends Chapter 775C, Health and Safety Code, by adding Section
775.039, as follows: 

Sec.  775.039.  EMINENT DOMAIN.  Authorizes a district to acquire land,
easement, or other property inside the district boundaries necessary to
carry out the purposes of the district, and to elect to condemn with the
fee simple title or a lesser property interest. Requires the right of
eminent domain to be exercised in accordance with Chapter 21, Property
Code, except under certain circumstances. 

SECTION 5. Amends Chapter 775C, Health and Safety Code, by adding Section
775.040, as follows: 

Sec.  775.040.  FEES FOR PROVIDING SERVICES.  Authorizes a district to
charge a reasonable fee for emergency services performed for or on behalf
of a person or entity.   

SECTION 6. Amends Section 775.022, Health and Safety Code, to require a
municipality to compensate the district in the amount equal to the annexed
territory's pro-rata share of the district's indebtedness at the time the
territory is annexed by the municipality.  Requires the district to apply
compensation received from a municipality under this subsection
exclusively to payment of the annexed territory's pro-rata share of the
district's indebtedness under certain conditions.  Requires a municipality
to purchase from the district at fair market value any real or personal
property used to provide emergency services in the deannexed territory
upon request by the district.   

SECTION 7. Amends Section 775.031, Health and Safety Code, to authorize a
district to perform the function of the district and to provide emergency
services by construction, leasing, owning, and maintaining real property,
improvements, and fixtures necessary to house, repair, and maintain
emergency services vehicle and equipment among other functions.