Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
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. Subchapter C, Chapter 775, Section 775.038,
1-4 Health & Safety Code is amended to read as follows:
1-5 Sec. 775.038. COMPENSATION; CONFLICT OF INTEREST.
1-6 (a) Emergency services commissioners are entitled to receive fees
1-7 of office of not more than $50 per day for each day the
1-8 commissioner actually spends performing the duties of a
1-9 commissioner. The fees of office may not exceed $3,000 per annum.
1-10 (b) Commissioners may also receive reimbursement for
1-11 reasonable and necessary expenses incurred in performing official
1-12 duties.
1-13 (c) In order to receive fees of office and to receive
1-14 reimbursement for expenses, each commissioner shall file with the
1-15 district a verified statement showing the number of days actually
1-16 spent in the service of the district and a general description of
1-17 the duties performed for each day of service.
1-18 (d) Commissioners are subject to the provisions of Chapter
1-19 171, Local Government Code, relating to the regulation of conflicts
1-20 of interest of officers of local governments.
1-21 SECTION 2. Subchapter E, Chapter 775, Health and Safety Code
1-22 is amended by adding Section 775.084 to read as follows:
1-23 Sec. 775.084. Competitive Bids Requirement. (a) Except as
2-1 provided by Subsection (i), a board must submit to competitive bids
2-2 an expenditure of more than $25,000 for:
2-3 (1) one item or service; or
2-4 (2) more than one of the same or a similar type of
2-5 items or services in a fiscal year.
2-6 (b) The board shall request bids on items to be purchased or
2-7 leased or services to be performed as provided by this subsection.
2-8 The board shall notify suppliers, vendors, or providers by
2-9 advertising for bids or by providing at least three suppliers,
2-10 vendors, or purchasers with written notice by mail of the intended
2-11 purchase. If the board decides to advertise for bids, the
2-12 advertisement must be published in accordance with Section
2-13 262.025(a), Local Government Code. If the board receives fewer
2-14 than three bids in response to the advertisement, the board shall
2-15 give written notice directly to at least three suppliers, vendors,
2-16 or providers of the intended purchase. If three suppliers,
2-17 vendors, or providers are not available or known to the board, the
2-18 board shall give written notice by mail directly to each supplier,
2-19 vendor, or provider known to the board.
2-20 (c) The advertisement or notice for competitive bidding
2-21 must:
2-22 (1) describe the work to be performed or the item to
2-23 be purchased or leased;
2-24 (2) state the location at which the bidding documents,
2-25 plans, specifications, or other data may be examined; and
3-1 (3) state the time and place for submitting bids and
3-2 the time and place that bids will be opened.
3-3 (d) The board may not prepare restrictive bid
3-4 specifications.
3-5 (e) Bids may be opened only by the board at a public meeting
3-6 or by a district officer or employee at or in a district office.
3-7 (f) The board may reject any bid. The board may not award a
3-8 contract to a bidder who is not the lowest bidder unless, before
3-9 the bid is awarded, the lowest bidder is given notice of the
3-10 proposed award and an opportunity to appear before the board or its
3-11 designated representative and present evidence concerning the
3-12 bidder's responsibility.
3-13 (g) A contract awarded in violation of this section is void.
3-14 (h) This section applies to an expenditure of district tax
3-15 revenues by any party or entity for the purchase of services,
3-16 vehicles, equipment, or goods.
3-17 (i) This section does not apply to:
3-18 (1) to the purchase or lease of real property;
3-19 (2) to an item or service that the board determines
3-20 can be obtained from only one source; or
3-21 (3) an emergency expenditure.
3-22 (j) Contracts for public works projects shall be
3-23 administered in accordance with Subchapter B, Chapter 271, Local
3-24 Government Code.
3-25 SECTION 3. Subchapter E, Chapter 775, Health and Safety
4-1 Code, is amended by adding Section 775.025 to read as follows:
4-2 Sec. 775.083. Annual Report to Secretary of State. (a) On
4-3 or before January 1st of each year, a district shall file with the
4-4 Secretary of State an annual report that includes the following
4-5 information: the name of the district; the county or counties in
4-6 which the district exists; the business address of the district;
4-7 the names, mailing addresses, and terms of office of each
4-8 commissioner; the general manager, executive director, or fire
4-9 chief of the district; the legal counsel and any other consultants
4-10 for the district; and the annual budget and tax rate for the
4-11 preceding fiscal year.
4-12 (b) The Secretary of State may not charge a fee for this
4-13 filing.
4-14 SECTION 4. Subchapter C, Chapter 775, Health and Safety
4-15 Code, is amended by adding Section 775.039 to read as follows:
4-16 Sec. 775.039. Eminent Domain. (a) A district may acquire
4-17 land, easements, or other property inside the district boundaries
4-18 necessary to carry out the purposes of the district, and may elect
4-19 to condemn either the fee simple title or a lesser property
4-20 interest.
4-21 (b) The right of eminent domain shall be exercised in
4-22 accordance with Chapter 21, Property Code, except that a district
4-23 shall not be required to give bond for appeal or bond for costs in
4-24 any condemnation suit or other suit to which it is a party and
4-25 shall not be required to deposit more than the amount of any award
5-1 in any suit.
5-2 SECTION 5. Subchapter C, Chapter 775, Health and Safety Code
5-3 is amended by adding Section 775.040 to read as follows:
5-4 Sec. 775.040. Fees for Providing Services. A district may
5-5 charge a reasonable fee for emergency services performed for or on
5-6 behalf of a person or entity.
5-7 SECTION 6. Subchapter B, Chapter 775, Health and Safety
5-8 Code, Section 775.022 is amended to read as follows:
5-9 Sec. 775.022. Removal of Territory by Municipality. (a) If
5-10 a municipality annexes territory in a district, the board shall, on
5-11 request of the municipality, immediately disannex the territory
5-12 from the district and shall cease to provide further services to
5-13 the residents of that territory.
5-14 (b) The disannexation of territory under this section does
5-15 not diminish or impar the rights of the holders of any outstanding
5-16 and unpaid bonds, warrants, or other obligations of the district.
5-17 (c) If a municipality annexes a portion of a district, the
5-18 municipality shall compensate the district in an amount equal to
5-19 the annexed territory's pro-rata share of the district's
5-20 indebtedness at the time the territory is annexed by the
5-21 municipality. The district must apply compensation received from a
5-22 municipality under this subsection exclusively to payment of the
5-23 annexed territory's pro-rata share of the district's indebtedness.
5-24 (d) Upon request by the district, a municipality must
5-25 purchase from the district at fair market value any real or
6-1 personal property used to provide emergency services in the
6-2 disannexed territory.
6-3 SECTION 7. Subchapter C, Chapter 775, Health and Safety
6-4 Code, Section 775.031 is amended to read as follows:
6-5 Sec. 775.031. District Powers. (a) A district is a
6-6 political subdivision of the state. To perform the functions of
6-7 the district and to provide emergency services, a district may:
6-8 (1) acquire, purchase, hold, lease, manage, occupy,
6-9 and sell real and personal property or an interest in property;
6-10 (2) enter into and perform necessary contracts;
6-11 (3) appoint and employ necessary officers, agents, and
6-12 employees;
6-13 (4) sue and be sued;
6-14 (5) impose and collect taxes as prescribed by this
6-15 chapter;
6-16 (6) accept and receive donations;
6-17 (7) lease, own, maintain, operate, and provide
6-18 emergency services vehicles and other necessary or proper
6-19 apparatus, instrumentalities, equipment, and machinery to provide
6-20 emergency services;
6-21 (8) construct, lease, own, and maintain real property,
6-22 improvements, and fixtures necessary to house, repair, and maintain
6-23 emergency services vehicles and equipment;
6-24 (9) contract with other entities, including other
6-25 districts or municipalities, to make emergency services facilities
7-1 and emergency services available to the district;
7-2 (10) contract with other entities, including other
7-3 districts or municipalities, for reciprocal operation of services
7-4 and facilities if the contracting parties find that reciprocal
7-5 operation would be mutually beneficial and not detrimental to the
7-6 district; and
7-7 (11) perform other acts necessary to carry out the
7-8 intent of this chapter.
7-9 (b) A district located wholly within a county with a
7-10 population of more than 2.4 million may not provide fire prevention
7-11 or fire-fighting services unless the district was originally a
7-12 rural fire prevention district and was converted under Section
7-13 775.076.
7-14 (c) A district may contract with the state or a political
7-15 subdivision for law enforcement services. A district may not
7-16 commission a peace officer or employ a person as a peace officer.
7-17 (d) A district is not required to perform all the functions
7-18 authorized by this chapter. A district may be created to provide
7-19 limited services.