SRC-JRN S.B. 1397 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1397
By: Lindsay
Intergovernmental Relations
3-26-97
As Filed


DIGEST 

Currently, no Texas law provides for the purchase of fire-fighting and
emergency medical services equipment and property by a municipality
annexing an area.  Some cities annexing municipalities may not purchase
certain fire-fighting and emergency medical services (EMS) equipment and
property.  This bill requires an annexing city, at the request of the
provider, to purchase fire-fighting and EMS equipment and real property. 

PURPOSE

As proposed, S.B. 1397 requires an annexing city, at the request of the
provider, to purchase firefighting and emergency medical services
equipment and real property. 

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 43C, Local Government Code, by adding Section
43.058, as follows: 

Sec. 43.058.  PURCHASE OF FIRE-FIGHTING AND EMERGENCY MEDICAL SERVICES
EQUIPMENT AND PROPERTY IN ANNEXED AREA.  Requires a municipality that
annexes an area to purchase fire-fighting and emergency medical services
(EMS) equipment and real property that is owned by a fire protection or
EMS provider and used or located in the annexed area.  Provides that
Subsection (a) applies only if the fire protection or EMS provider
requests that the municipality purchase the equipment or real property.
Requires the municipality and the fire protection or EMS provider to begin
negotiations for the purchase of fire-fighting and emergency medical
equipment by the 30th day after the date of a request under Subsection
(b).  Requires the parties to jointly select three independent appraisers
to appraise each item of equipment.  Requires real property to be
appraised by a real estate appraiser who holds the designation of "Member,
Appraisal Institute."  Requires the purchase price of each item to be the
average of the three appraisals. Provides that Chapter 252 does not apply
to a purchase required by this section.  Defines "fire protection or
emergency medical services provider." 

SECTION 2. Provides that Section 43.058, Local Government Code, applies
only to a municipal annexation that is effective on or after December 1,
1996. 

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