By Raymond, Turner of Coleman H.B. No. 3210 75R7469 GJH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to assistance to certain volunteer fire departments and to 1-3 the imposition of a tax to finance that assistance. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 614, Government Code, is amended by 1-6 adding Subchapter E to read as follows: 1-7 SUBCHAPTER E. RURAL VOLUNTEER FIRE DEPARTMENT ASSISTANCE PROGRAM 1-8 Sec. 614.071. DEFINITIONS. In this subchapter: 1-9 (1) "Director" means the director of the Texas Forest 1-10 Service of The Texas A&M University System. 1-11 (2) "Fund" means the rural volunteer fire department 1-12 assistance fund. 1-13 (3) "Program" means the Rural Volunteer Fire 1-14 Department Assistance Program. 1-15 (4) "Service" means the Texas Forest Service of The 1-16 Texas A&M University System. 1-17 (5) "Volunteer fire department" means a fire 1-18 department operated by its members that is operated on a 1-19 not-for-profit basis, including a department that is exempt from 1-20 federal income tax under Section 501(a) of the Internal Revenue 1-21 Code of 1986 (26 U.S.C. Section 501(a)) by being listed as an 1-22 exempt organization in Section 501(c)(3) of that code (26 U.S.C. 1-23 Section 501(c)(3)). 1-24 Sec. 614.072. ADMINISTRATION OF PROGRAM. (a) The Texas 2-1 Forest Service shall administer the volunteer fire department 2-2 assistance program established under this subchapter, and the 2-3 director may adopt rules necessary to assist rural volunteer fire 2-4 departments in paying for equipment and training of personnel. 2-5 (b) The service may employ staff to administer the program. 2-6 (c) The director shall, in consultation with the advisory 2-7 committee: 2-8 (1) determine reasonable criteria and qualifications 2-9 for the distribution of money from the rural volunteer fire 2-10 department assistance fund; and 2-11 (2) establish a procedure for reporting and processing 2-12 requests for money from the fund. 2-13 (d) The director shall prepare an annual written report on 2-14 the activity, status, and effectiveness of the fund and shall 2-15 submit the report to the lieutenant governor, the speaker of the 2-16 house of representatives, and the comptroller before September 1 of 2-17 each year. 2-18 (e) Any assistance or benefits provided under this 2-19 subchapter to a volunteer fire department or a fire fighter who is 2-20 a member of a volunteer fire department may not be considered 2-21 compensation, and a fire fighter receiving assistance under this 2-22 subchapter may not be considered to be in the paid service of any 2-23 governing body. 2-24 Sec. 614.073. ADVISORY COMMITTEE. The director shall 2-25 appoint an advisory committee to advise the director in regard to 2-26 the administration of the program. 2-27 Sec. 614.074. REQUESTS FOR ASSISTANCE. (a) A request for 3-1 assistance from the fund shall be submitted to the director. 3-2 (b) On receiving a request for assistance, the director 3-3 shall determine whether to provide assistance and the amount of the 3-4 assistance to be provided, if any, based on the criteria developed 3-5 in consultation with the advisory committee under Section 614.072. 3-6 A written copy of the decision shall be sent to the requestor and 3-7 each member of the advisory committee. 3-8 Sec. 614.075. FUND. (a) The rural volunteer fire 3-9 department assistance fund is a fund in the general revenue fund 3-10 and is composed of money collected under Chapter 161 of the Tax 3-11 Code and contributions to the fund from any other source. 3-12 (b) Money in the fund may be used only for a purpose under 3-13 this subchapter. 3-14 SECTION 2. Subtitle E, Title 2, Tax Code, is amended by 3-15 adding Chapter 161 to read as follows: 3-16 CHAPTER 161. FIREWORKS TAX 3-17 Sec. 161.001. DEFINITION. In this chapter, "fireworks" 3-18 means any composition or device designed to produce a visible or 3-19 audible effect by combustion, explosion, deflagration, or 3-20 detonation. 3-21 Section 161.002. FIREWORKS SALES TAX. (a) A tax is imposed 3-22 on each sale at retail of fireworks. 3-23 (b) The tax rate is two percent of the sale price of the 3-24 fireworks. 3-25 (c) The tax imposed under this chapter is in addition to the 3-26 tax imposed under Chapter 151, Tax Code. The tax imposed by this 3-27 chapter does not apply to a sale unless the tax imposed under 4-1 Chapter 151, Tax Code, applies to the sale. 4-2 Sec. 161.003. EXCEPTIONS TO APPLICABILITY OF CHAPTER. This 4-3 chapter does not apply to: 4-4 (1) a toy pistol, toy cane, toy gun, or other device 4-5 that uses a paper or plastic cap; 4-6 (2) a model rocket or model rocket motor designed, 4-7 sold, and used for the purpose of propelling a recoverable aero 4-8 model; 4-9 (3) a propelling or expelling charge consisting of a 4-10 mixture of sulfur, charcoal, and potassium nitrate; 4-11 (4) a novelty and trick noisemaker; 4-12 (5) a pyrotechnic signaling device or distress signal 4-13 for marine, aviation, or highway use in an emergency situation; 4-14 (6) a fusee or railway torpedo for use by a railroad; 4-15 (7) the sale of a blank cartridge for use in a radio, 4-16 television, film, or theater production, for signal or ceremonial 4-17 purposes in athletic events, or for industrial purposes; or 4-18 (8) a pyrotechnic device for use by a military 4-19 organization. 4-20 Sec. 161.004. APPLICATION OF OTHER PROVISIONS OF TAX CODE. 4-21 (a) Except as provided differently by this chapter, the tax 4-22 imposed by this chapter is administered, imposed, collected, and 4-23 enforced in the same manner as the tax under Chapter 151, Tax Code, 4-24 is administered, imposed, collected, and enforced, and the 4-25 provisions of Chapter 151, applicable to the sales tax imposed 4-26 under Subchapter C, Chapter 151, apply to the tax imposed by this 4-27 chapter. 5-1 (b) A change in the law relating to the taxation of the sale 5-2 of fireworks under Chapter 151, Tax Code, also applies to the tax 5-3 imposed by this chapter. 5-4 Sec. 161.005. ALLOCATION OF TAX. The comptroller shall 5-5 allocate the revenue from taxes imposed by this chapter, other than 5-6 penalties and interest, to the rural volunteer fire department 5-7 assistance fund established by Section 614.075, Government Code. 5-8 SECTION 3. (a) If this Act receives the votes required by 5-9 Section 39, Article III, Texas Constitution, for an effective date 5-10 before the 91st day after the last day of the legislative session, 5-11 this Act takes effect July 1, 1997. 5-12 (b) If this Act does not receive the votes required by 5-13 Section 39, Article III, Texas Constitution, for an effective date 5-14 before the 91st day after the last day of the legislative session, 5-15 this Act takes effect October 1, 1997. 5-16 (c) The director of the Texas Forest Service may not grant a 5-17 request for assistance under Subchapter E, Chapter 614, Government 5-18 Code, as added by this Act, before September 1, 1998. 5-19 SECTION 4. The importance of this legislation and the 5-20 crowded condition of the calendars in both houses create an 5-21 emergency and an imperative public necessity that the 5-22 constitutional rule requiring bills to be read on three several 5-23 days in each house be suspended, and this rule is hereby suspended, 5-24 and that this Act take effect and be in force according to its 5-25 terms, and it is so enacted. 5-26 COMMITTEE AMENDMENT NO. 1 5-27 On page 2, line 26, after the word "program." add a new 6-1 subsection (a) to read as follows: "The advisory committee shall 6-2 consist of five members: 6-3 (1) two of the advisory committee members shall be 6-4 members of the Texas Rural Fire Advisory Council; 6-5 (2) two advisory committee members shall be elected 6-6 county officials; and 6-7 (3) one advisory committee member shall be an elected 6-8 representative of a municipality with a population of 10,000 or 6-9 less." 6-10 Ramsay 6-11 COMMITTEE AMENDMENT NO. 2 6-12 Beginning on page 3, line 23, of HB 3210 as introduced, amend 6-13 Sec. 161.002(b) to read as follows: 6-14 The tax rate is two percent of the sale price of the 6-15 fireworks unless the additional tax would cause the overall sales 6-16 tax rate to exceed 8.25 percent. In the event the additional tax 6-17 on fireworks imposed under this section does cause the overall 6-18 sales tax rate to exceed 8.25 percent the additional tax on 6-19 fireworks shall not be collected. 6-20 Ramsay 6-21 COMMITTEE AMENDMENT NO. 3 6-22 Amend House Bill 3210 as introduced by adding, on page 2, 6-23 between lines 23 and 24, a new subsection (f) to read as follows: 6-24 "Annual administration costs associated with the Texas Rural 6-25 Volunteer Fire Department Assistance Program shall not exceed seven 6-26 percent of the total annual revenue generated by the two percent 6-27 increase on the retail sales of fireworks during the previous 7-1 fiscal year. 7-2 Oliveira