AN ACT
1-1 relating to powers and duties of emergency services and rural fire
1-2 prevention districts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 775.022, Health and Safety Code, is
1-5 amended by amending Subsection (c) and adding Subsection (d) to
1-6 read as follows:
1-7 (c) If a municipality annexes a portion of a district, the
1-8 municipality shall compensate the district in an amount equal to
1-9 the annexed territory's pro rata share of the district's
1-10 indebtedness at the time the territory is annexed. The district
1-11 shall apply compensation received from a municipality [Territory
1-12 disannexed under this section is not released from the payment of
1-13 its pro rata share of the district's indebtedness. The district
1-14 shall continue to levy taxes each year on the disannexed territory
1-15 at the same rate levied on territory in the district until the
1-16 amount of taxes collected from the disannexed territory equals its
1-17 pro rata share of the indebtedness of the district at the time the
1-18 territory was disannexed. The taxes collected] under this
1-19 subsection [shall be applied] exclusively to the payment of the
1-20 annexed [disannexed] territory's pro rata share of the district's
1-21 indebtedness. [The owner of all or part of the disannexed
1-22 territory may pay in full, at any time, the owner's share of the
1-23 pro rata share of the district's indebtedness for which taxes are
2-1 to be collected.]
2-2 (d) On the district's request, a municipality shall purchase
2-3 from the district at fair market value any real or personal
2-4 property used to provide emergency services in territory disannexed
2-5 under this section.
2-6 SECTION 2. Subsection (a), Section 775.031, Health and
2-7 Safety Code, is amended to read as follows:
2-8 (a) A district is a political subdivision of the state. To
2-9 perform the functions of the district and to provide emergency
2-10 services, a district may:
2-11 (1) acquire, purchase, hold, lease, manage, occupy,
2-12 and sell real and personal property or an interest in property;
2-13 (2) enter into and perform necessary contracts;
2-14 (3) appoint and employ necessary officers, agents, and
2-15 employees;
2-16 (4) sue and be sued;
2-17 (5) impose and collect taxes as prescribed by this
2-18 chapter;
2-19 (6) accept and receive donations;
2-20 (7) lease, own, maintain, operate, and provide
2-21 emergency services vehicles and other necessary or proper
2-22 apparatus, instrumentalities, equipment, and machinery to provide
2-23 emergency services;
2-24 (8) construct, lease, own, and maintain real property,
2-25 improvements, and fixtures necessary to house, repair, and maintain
3-1 emergency services vehicles and equipment;
3-2 (9) contract with other entities, including other
3-3 districts or municipalities, to make emergency services facilities
3-4 and emergency services available to the district;
3-5 (10) contract with other entities, including other
3-6 districts or municipalities, for reciprocal operation of services
3-7 and facilities if the contracting parties find that reciprocal
3-8 operation would be mutually beneficial and not detrimental to the
3-9 district; and
3-10 (11) perform other acts necessary to carry out the
3-11 intent of this chapter.
3-12 SECTION 3. Section 775.038, Health and Safety Code, is
3-13 amended to read as follows:
3-14 Sec. 775.038. COMPENSATION; CONFLICT OF INTEREST.
3-15 (a) Except as provided by Subsection (b), an emergency [Emergency]
3-16 services commissioner is entitled to receive compensation of not
3-17 more than $50 per day for each day the commissioner actually spends
3-18 performing the duties of a commissioner. Compensation may not
3-19 exceed $3,000 per year. Commissioners [commissioners serve without
3-20 compensation but] may be reimbursed for reasonable and necessary
3-21 expenses incurred in performing official duties.
3-22 (b) Instead of compensation under Subsection (a), a
3-23 commissioner may elect to receive per diem compensation of $50 for
3-24 each day the commissioner actually spends performing the duties of
3-25 a commissioner. A commissioner who receives per diem compensation
4-1 may not be reimbursed for reasonable and necessary expenses. Per
4-2 diem payments may not exceed $3,000 per year [Except as a resident
4-3 or property owner in the district, an emergency services
4-4 commissioner may not have an interest in a contract or transaction
4-5 to which the district is a party and under which the commissioner
4-6 may receive money or other things of value as consideration].
4-7 (c) To receive compensation, per diem compensation, or
4-8 reimbursement for expenses, a commissioner must file with the
4-9 district a verified statement showing the number of days actually
4-10 spent performing the duties of a commissioner and a general
4-11 description of the duties performed for each day of service.
4-12 (d) Commissioners are subject to Chapter 171, Local
4-13 Government Code.
4-14 SECTION 4. Subchapter C, Chapter 775, Health and Safety
4-15 Code, is amended by adding Section 775.040 to read as follows:
4-16 Sec. 775.040. FEES FOR PROVIDING SERVICES. A district may
4-17 charge a reasonable fee for emergency services performed for or on
4-18 behalf of a person or entity.
4-19 SECTION 5. Subsection (b), Section 775.082, Health and
4-20 Safety Code, is amended to read as follows:
4-21 (b) A district located wholly in one county shall prepare
4-22 and file with the commissioners court of the county on or before
4-23 June 1 of each [the 120th day after the last day of the district's
4-24 fiscal] year an audit report of the district's fiscal accounts and
4-25 records. The audit shall be performed and the report shall be
5-1 prepared at the expense of the district. The county auditor, with
5-2 the approval of the commissioners court, shall adopt rules relating
5-3 to the format of the audit and report.
5-4 SECTION 6. Subchapter E, Chapter 775, Health and Safety
5-5 Code, is amended by adding Section 775.083 to read as follows:
5-6 Sec. 775.083. ANNUAL REPORT. (a) On or before January 1 of
5-7 each year, a district shall file with the secretary of state an
5-8 annual report that includes the following:
5-9 (1) the district's name;
5-10 (2) the name of each county in which the district is
5-11 located;
5-12 (3) the district's business address;
5-13 (4) the name, mailing address, and term of office of
5-14 each commissioner;
5-15 (5) the name, mailing address, and term of office of
5-16 the district's general manager, executive director, and fire chief;
5-17 (6) the name of each legal counsel or other consultant
5-18 for the district; and
5-19 (7) the district's annual budget and tax rate for the
5-20 preceding fiscal year.
5-21 (b) The secretary of state may not charge a fee for filing
5-22 the report.
5-23 SECTION 7. Subchapter E, Chapter 775, Health and Safety
5-24 Code, is amended by adding Section 775.084 to read as follows:
5-25 Sec. 775.084. COMPETITIVE BIDS. (a) Except as provided by
6-1 Subsection (i), the board must submit to competitive bids an
6-2 expenditure of more than $25,000 for:
6-3 (1) one item or service; or
6-4 (2) more than one of the same or a similar type of
6-5 item or service in a fiscal year.
6-6 (b) The board shall request bids on items to be purchased or
6-7 leased or services to be performed as provided by this subsection.
6-8 The board shall notify suppliers, vendors, or providers by
6-9 advertising for bids or by providing at least three suppliers,
6-10 vendors, or purchasers with written notice by mail of the intended
6-11 purchase. If the board decides to advertise for bids, the
6-12 advertisement must be published in accordance with Section
6-13 262.025(a), Local Government Code. If the board receives fewer
6-14 than three bids in response to the advertisement, the board shall
6-15 give written notice directly to at least three suppliers, vendors,
6-16 or providers of the intended purchase. If three suppliers,
6-17 vendors, or providers are not available or known to the board, the
6-18 board shall give written notice by mail directly to each supplier,
6-19 vendor, or provider known to the board.
6-20 (c) The advertisement or notice for competitive bidding
6-21 must:
6-22 (1) describe the work to be performed or the item to
6-23 be purchased or leased;
6-24 (2) state the location at which the bidding documents,
6-25 plans, specifications, or other data may be examined; and
7-1 (3) state the time and place for submitting bids and
7-2 the time and place that bids will be opened.
7-3 (d) The board may not prepare restrictive bid
7-4 specifications.
7-5 (e) Bids may be opened only by the board at a public meeting
7-6 or by a district officer or employee at or in a district office.
7-7 (f) The board may reject any bid. The board may not award a
7-8 contract to a bidder who is not the lowest bidder unless, before
7-9 the bid is awarded, the lowest bidder is given notice of the
7-10 proposed award and an opportunity to appear before the board or its
7-11 designated representative and present evidence concerning the
7-12 bidder's responsibility.
7-13 (g) A contract awarded in violation of this section is void.
7-14 (h) This section applies to an expenditure of district tax
7-15 revenues by any party or entity for the purchase of services,
7-16 vehicles, equipment, or goods.
7-17 (i) This section does not apply to:
7-18 (1) the purchase or lease of real property;
7-19 (2) an item or service that the board determines can
7-20 be obtained from only one source;
7-21 (3) a contract for fire extinguishment and suppression
7-22 services, emergency rescue services, or ambulance services; or
7-23 (4) an emergency expenditure.
7-24 (j) Subsection (i) does not prohibit the board from
7-25 soliciting competitive bids for any item, service, or contract
8-1 listed in Subsection (i).
8-2 (k) A contract for a public works project must be
8-3 administered in accordance with Subchapter B, Chapter 271, Local
8-4 Government Code, except as provided by this section.
8-5 SECTION 8. Subsection (b), Section 794.082, Health and
8-6 Safety Code, is amended to read as follows:
8-7 (b) A district located wholly in one county shall prepare
8-8 and file with the commissioners court of the county on or before
8-9 June 1 of each year [the 120th day after the last day of the
8-10 district's fiscal year] an audit report of the district's fiscal
8-11 accounts and records. The audit shall be performed and prepared at
8-12 the expense of the district. The county auditor, with the approval
8-13 of the commissioners court, shall adopt rules relating to the
8-14 format of the audit and report.
8-15 SECTION 9. This Act takes effect September 1, 1997.
8-16 SECTION 10. The importance of this legislation and the
8-17 crowded condition of the calendars in both houses create an
8-18 emergency and an imperative public necessity that the
8-19 constitutional rule requiring bills to be read on three several
8-20 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1277 passed the Senate on
April 23, 1997, by a viva-voce vote; and that the Senate concurred
in House amendment on May 15, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1277 passed the House, with
amendment, on May 13, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor