By: Lucio S.B. No. 1277
A BILL TO BE ENTITLED
AN ACT
1-1 relating to powers and duties of emergency services districts.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 775.022, Health and Safety Code, is
1-4 amended by amending Subsection (c) and adding Subsection (d) to
1-5 read as follows:
1-6 (c) If a municipality annexes a portion of a district, the
1-7 municipality shall compensate the district in an amount equal to
1-8 the annexed territory's pro rata share of the district's
1-9 indebtedness at the time the territory is annexed. The district
1-10 shall apply compensation received from a municipality [Territory
1-11 disannexed under this section is not released from the payment of
1-12 its pro rata share of the district's indebtedness. The district
1-13 shall continue to levy taxes each year on the disannexed territory
1-14 at the same rate levied on territory in the district until the
1-15 amount of taxes collected from the disannexed territory equals its
1-16 pro rata share of the indebtedness of the district at the time the
1-17 territory was disannexed. The taxes collected] under this
1-18 subsection [shall be applied] exclusively to the payment of the
1-19 annexed [disannexed] territory's pro rata share of the district's
1-20 indebtedness. [The owner of all or part of the disannexed
1-21 territory may pay in full, at any time, the owner's share of the
1-22 pro rata share of the district's indebtedness for which taxes are
1-23 to be collected.]
2-1 (d) On the district's request, a municipality shall purchase
2-2 from the district at fair market value any real or personal
2-3 property used to provide emergency services in territory disannexed
2-4 under this section.
2-5 SECTION 2. Subsection (a), Section 775.031, Health and
2-6 Safety Code, is amended to read as follows:
2-7 (a) A district is a political subdivision of the state. To
2-8 perform the functions of the district and to provide emergency
2-9 services, a district may:
2-10 (1) acquire, purchase, hold, lease, manage, occupy,
2-11 and sell real and personal property or an interest in property;
2-12 (2) enter into and perform necessary contracts;
2-13 (3) appoint and employ necessary officers, agents, and
2-14 employees;
2-15 (4) sue and be sued;
2-16 (5) impose and collect taxes as prescribed by this
2-17 chapter;
2-18 (6) accept and receive donations;
2-19 (7) lease, own, maintain, operate, and provide
2-20 emergency services vehicles and other necessary or proper
2-21 apparatus, instrumentalities, equipment, and machinery to provide
2-22 emergency services;
2-23 (8) construct, lease, own, and maintain real property,
2-24 improvements, and fixtures necessary to house, repair, and maintain
2-25 emergency services vehicles and equipment;
3-1 (9) contract with other entities, including other
3-2 districts or municipalities, to make emergency services facilities
3-3 and emergency services available to the district;
3-4 (10) contract with other entities, including other
3-5 districts or municipalities, for reciprocal operation of services
3-6 and facilities if the contracting parties find that reciprocal
3-7 operation would be mutually beneficial and not detrimental to the
3-8 district; and
3-9 (11) perform other acts necessary to carry out the
3-10 intent of this chapter.
3-11 SECTION 3. Section 775.038, Health and Safety Code, is
3-12 amended to read as follows:
3-13 Sec. 775.038. COMPENSATION; CONFLICT OF INTEREST.
3-14 (a) Except as provided by Subsection (b), an emergency [Emergency]
3-15 services commissioner is entitled to receive compensation of not
3-16 more than $50 per day for each day the commissioner actually spends
3-17 performing the duties of a commissioner. Compensation may not
3-18 exceed $3,000 per year. Commissioners [commissioners serve without
3-19 compensation but] may be reimbursed for reasonable and necessary
3-20 expenses incurred in performing official duties.
3-21 (b) Instead of compensation under Subsection (a), a
3-22 commissioner may elect to receive per diem compensation of $50 for
3-23 each day the commissioner actually spends performing the duties of
3-24 a commissioner. A commissioner who receives per diem compensation
3-25 may not be reimbursed for reasonable and necessary expenses. Per
4-1 diem payments may not exceed $3,000 per year [Except as a resident
4-2 or property owner in the district, an emergency services
4-3 commissioner may not have an interest in a contract or transaction
4-4 to which the district is a party and under which the commissioner
4-5 may receive money or other things of value as consideration].
4-6 (c) To receive compensation, per diem compensation, or
4-7 reimbursement for expenses, a commissioner must file with the
4-8 district a verified statement showing the number of days actually
4-9 spent performing the duties of a commissioner and a general
4-10 description of the duties performed for each day of service.
4-11 (d) Commissioners are subject to Chapter 171, Local
4-12 Government Code.
4-13 SECTION 4. Subchapter C, Chapter 775, Health and Safety
4-14 Code, is amended by adding Section 775.040 to read as follows:
4-15 Sec. 775.040. FEES FOR PROVIDING SERVICES. A district may
4-16 charge a reasonable fee for emergency services performed for or on
4-17 behalf of a person or entity.
4-18 SECTION 5. Subsection (b), Section 775.082, Health and
4-19 Safety Code, is amended to read as follows:
4-20 (b) A district located wholly in one county shall prepare
4-21 and file with the commissioners court of the county on or before
4-22 June 1 of each [the 120th day after the last day of the district's
4-23 fiscal] year an audit report of the district's fiscal accounts and
4-24 records. The audit shall be performed and the report shall be
4-25 prepared at the expense of the district. The county auditor, with
5-1 the approval of the commissioners court, shall adopt rules relating
5-2 to the format of the audit and report.
5-3 SECTION 6. Subchapter E, Chapter 775, Health and Safety
5-4 Code, is amended by adding Section 775.083 to read as follows:
5-5 Sec. 775.083. ANNUAL REPORT. (a) On or before January 1 of
5-6 each year, a district shall file with the secretary of state an
5-7 annual report that includes the following:
5-8 (1) the district's name;
5-9 (2) the name of each county in which the district is
5-10 located;
5-11 (3) the district's business address;
5-12 (4) the name, mailing address, and term of office of
5-13 each commissioner;
5-14 (5) the name, mailing address, and term of office of
5-15 the district's general manager, executive director, and fire chief;
5-16 (6) the name of each legal counsel or other consultant
5-17 for the district; and
5-18 (7) the district's annual budget and tax rate for the
5-19 preceding fiscal year.
5-20 (b) The secretary of state may not charge a fee for filing
5-21 the report.
5-22 SECTION 7. Subchapter E, Chapter 775, Health and Safety
5-23 Code, is amended by adding Section 775.084 to read as follows:
5-24 Sec. 775.084. COMPETITIVE BIDS. (a) Except as provided by
5-25 Subsection (i), the board must submit to competitive bids an
6-1 expenditure of more than $25,000 for:
6-2 (1) one item or service; or
6-3 (2) more than one of the same or a similar type of
6-4 item or service in a fiscal year.
6-5 (b) The board shall request bids on items to be purchased or
6-6 leased or services to be performed as provided by this subsection.
6-7 The board shall notify suppliers, vendors, or providers by
6-8 advertising for bids or by providing at least three suppliers,
6-9 vendors, or purchasers with written notice by mail of the intended
6-10 purchase. If the board decides to advertise for bids, the
6-11 advertisement must be published in accordance with Section
6-12 262.025(a), Local Government Code. If the board receives fewer
6-13 than three bids in response to the advertisement, the board shall
6-14 give written notice directly to at least three suppliers, vendors,
6-15 or providers of the intended purchase. If three suppliers,
6-16 vendors, or providers are not available or known to the board, the
6-17 board shall give written notice by mail directly to each supplier,
6-18 vendor, or provider known to the board.
6-19 (c) The advertisement or notice for competitive bidding
6-20 must:
6-21 (1) describe the work to be performed or the item to
6-22 be purchased or leased;
6-23 (2) state the location at which the bidding documents,
6-24 plans, specifications, or other data may be examined; and
6-25 (3) state the time and place for submitting bids and
7-1 the time and place that bids will be opened.
7-2 (d) The board may not prepare restrictive bid
7-3 specifications.
7-4 (e) Bids may be opened only by the board at a public meeting
7-5 or by a district officer or employee at or in a district office.
7-6 (f) The board may reject any bid. The board may not award a
7-7 contract to a bidder who is not the lowest bidder unless, before
7-8 the bid is awarded, the lowest bidder is given notice of the
7-9 proposed award and an opportunity to appear before the board or its
7-10 designated representative and present evidence concerning the
7-11 bidder's responsibility.
7-12 (g) A contract awarded in violation of this section is void.
7-13 (h) This section applies to an expenditure of district tax
7-14 revenues by any party or entity for the purchase of services,
7-15 vehicles, equipment, or goods.
7-16 (i) This section does not apply to:
7-17 (1) the purchase or lease of real property;
7-18 (2) an item or service that the board determines can
7-19 be obtained from only one source;
7-20 (3) a contract for fire extinguishment and suppression
7-21 services, emergency rescue services, or ambulance services; or
7-22 (4) an emergency expenditure.
7-23 (j) Subsection (i) does not prohibit the board from
7-24 soliciting competitive bids for any item, service, or contract
7-25 listed in Subsection (i).
8-1 (k) A contract for a public works project must be
8-2 administered in accordance with Subchapter B, Chapter 271, Local
8-3 Government Code, except as provided by this section.
8-4 SECTION 8. This Act takes effect September 1, 1997.
8-5 SECTION 9. The importance of this legislation and the
8-6 crowded condition of the calendars in both houses create an
8-7 emergency and an imperative public necessity that the
8-8 constitutional rule requiring bills to be read on three several
8-9 days in each house be suspended, and this rule is hereby suspended.