1-1 By: Lucio S.B. No. 1277
1-2 (In the Senate - Filed March 12, 1997; March 17, 1997, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 4, 1997, reported favorably, as amended;
1-5 April 14, 1997, recommitted to Committee on Intergovernmental
1-6 Relations; April 18, 1997, reported adversely, with favorable
1-7 Committee Substitute by the following vote: Yeas 9, Nays 0;
1-8 April 18, 1997, sent to printer.)
1-9 COMMITTEE SUBSTITUTE FOR S.B. No. 1277 By: Gallegos
1-10 A BILL TO BE ENTITLED
1-11 AN ACT
1-12 relating to powers and duties of emergency services districts.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 775.022, Health and Safety Code, is
1-15 amended by amending Subsection (c) and adding Subsection (d) to
1-16 read as follows:
1-17 (c) If a municipality annexes a portion of a district, the
1-18 municipality shall compensate the district in an amount equal to
1-19 the annexed territory's pro rata share of the district's
1-20 indebtedness at the time the territory is annexed. The district
1-21 shall apply compensation received from a municipality [Territory
1-22 disannexed under this section is not released from the payment of
1-23 its pro rata share of the district's indebtedness. The district
1-24 shall continue to levy taxes each year on the disannexed territory
1-25 at the same rate levied on territory in the district until the
1-26 amount of taxes collected from the disannexed territory equals its
1-27 pro rata share of the indebtedness of the district at the time the
1-28 territory was disannexed. The taxes collected] under this
1-29 subsection [shall be applied] exclusively to the payment of the
1-30 annexed [disannexed] territory's pro rata share of the district's
1-31 indebtedness. [The owner of all or part of the disannexed
1-32 territory may pay in full, at any time, the owner's share of the
1-33 pro rata share of the district's indebtedness for which taxes are
1-34 to be collected.]
1-35 (d) On the district's request, a municipality shall purchase
1-36 from the district at fair market value any real or personal
1-37 property used to provide emergency services in territory disannexed
1-38 under this section.
1-39 SECTION 2. Subsection (a), Section 775.031, Health and
1-40 Safety Code, is amended to read as follows:
1-41 (a) A district is a political subdivision of the state. To
1-42 perform the functions of the district and to provide emergency
1-43 services, a district may:
1-44 (1) acquire, purchase, hold, lease, manage, occupy,
1-45 and sell real and personal property or an interest in property;
1-46 (2) enter into and perform necessary contracts;
1-47 (3) appoint and employ necessary officers, agents, and
1-48 employees;
1-49 (4) sue and be sued;
1-50 (5) impose and collect taxes as prescribed by this
1-51 chapter;
1-52 (6) accept and receive donations;
1-53 (7) lease, own, maintain, operate, and provide
1-54 emergency services vehicles and other necessary or proper
1-55 apparatus, instrumentalities, equipment, and machinery to provide
1-56 emergency services;
1-57 (8) construct, lease, own, and maintain real property,
1-58 improvements, and fixtures necessary to house, repair, and maintain
1-59 emergency services vehicles and equipment;
1-60 (9) contract with other entities, including other
1-61 districts or municipalities, to make emergency services facilities
1-62 and emergency services available to the district;
1-63 (10) contract with other entities, including other
1-64 districts or municipalities, for reciprocal operation of services
2-1 and facilities if the contracting parties find that reciprocal
2-2 operation would be mutually beneficial and not detrimental to the
2-3 district; and
2-4 (11) perform other acts necessary to carry out the
2-5 intent of this chapter.
2-6 SECTION 3. Section 775.038, Health and Safety Code, is
2-7 amended to read as follows:
2-8 Sec. 775.038. COMPENSATION; CONFLICT OF INTEREST.
2-9 (a) Except as provided by Subsection (b), an emergency [Emergency]
2-10 services commissioner is entitled to receive compensation of not
2-11 more than $50 per day for each day the commissioner actually spends
2-12 performing the duties of a commissioner. Compensation may not
2-13 exceed $3,000 per year. Commissioners [commissioners serve without
2-14 compensation but] may be reimbursed for reasonable and necessary
2-15 expenses incurred in performing official duties.
2-16 (b) Instead of compensation under Subsection (a), a
2-17 commissioner may elect to receive per diem compensation of $50 for
2-18 each day the commissioner actually spends performing the duties of
2-19 a commissioner. A commissioner who receives per diem compensation
2-20 may not be reimbursed for reasonable and necessary expenses. Per
2-21 diem payments may not exceed $3,000 per year [Except as a resident
2-22 or property owner in the district, an emergency services
2-23 commissioner may not have an interest in a contract or transaction
2-24 to which the district is a party and under which the commissioner
2-25 may receive money or other things of value as consideration].
2-26 (c) To receive compensation, per diem compensation, or
2-27 reimbursement for expenses, a commissioner must file with the
2-28 district a verified statement showing the number of days actually
2-29 spent performing the duties of a commissioner and a general
2-30 description of the duties performed for each day of service.
2-31 (d) Commissioners are subject to Chapter 171, Local
2-32 Government Code.
2-33 SECTION 4. Subchapter C, Chapter 775, Health and Safety
2-34 Code, is amended by adding Section 775.039 to read as follows:
2-35 Sec. 775.039. EMINENT DOMAIN. (a) A district has eminent
2-36 domain authority to acquire land, easements, or other property
2-37 inside the district boundaries necessary to carry out the purposes
2-38 of the district. The district may elect to condemn a fee simple
2-39 title or a lesser property interest.
2-40 (b) The exercise of the power of eminent domain by the
2-41 district is governed by Chapter 21, Property Code, except that a
2-42 district may not be required to:
2-43 (1) post bond for appeal or for costs in any
2-44 condemnation suit or other suit to which it is a party; or
2-45 (2) deposit more than the amount of any award.
2-46 SECTION 5. Subchapter C, Chapter 775, Health and Safety
2-47 Code, is amended by adding Section 775.040 to read as follows:
2-48 Sec. 775.040. FEES FOR PROVIDING SERVICES. A district may
2-49 charge a reasonable fee for emergency services performed for or on
2-50 behalf of a person or entity.
2-51 SECTION 6. Subsection (b), Section 775.082, Health and
2-52 Safety Code, is amended to read as follows:
2-53 (b) A district located wholly in one county shall prepare
2-54 and file with the commissioners court of the county on or before
2-55 June 1 of each [the 120th day after the last day of the district's
2-56 fiscal] year an audit report of the district's fiscal accounts and
2-57 records. The audit shall be performed and the report shall be
2-58 prepared at the expense of the district. The county auditor, with
2-59 the approval of the commissioners court, shall adopt rules relating
2-60 to the format of the audit and report.
2-61 SECTION 7. Subchapter E, Chapter 775, Health and Safety
2-62 Code, is amended by adding Section 775.083 to read as follows:
2-63 Sec. 775.083. ANNUAL REPORT. (a) On or before January 1 of
2-64 each year, a district shall file with the secretary of state an
2-65 annual report that includes the following:
2-66 (1) the district's name;
2-67 (2) the name of each county in which the district is
2-68 located;
2-69 (3) the district's business address;
3-1 (4) the name, mailing address, and term of office of
3-2 each commissioner;
3-3 (5) the name, mailing address, and term of office of
3-4 the district's general manager, executive director, and fire chief;
3-5 (6) the name of each legal counsel or other consultant
3-6 for the district; and
3-7 (7) the district's annual budget and tax rate for the
3-8 preceding fiscal year.
3-9 (b) The secretary of state may not charge a fee for filing
3-10 the report.
3-11 SECTION 8. Subchapter E, Chapter 775, Health and Safety
3-12 Code, is amended by adding Section 775.084 to read as follows:
3-13 Sec. 775.084. COMPETITIVE BIDS. (a) Except as provided by
3-14 Subsection (i), the board must submit to competitive bids an
3-15 expenditure of more than $25,000 for:
3-16 (1) one item or service; or
3-17 (2) more than one of the same or a similar type of
3-18 item or service in a fiscal year.
3-19 (b) The board shall request bids on items to be purchased or
3-20 leased or services to be performed as provided by this subsection.
3-21 The board shall notify suppliers, vendors, or providers by
3-22 advertising for bids or by providing at least three suppliers,
3-23 vendors, or purchasers with written notice by mail of the intended
3-24 purchase. If the board decides to advertise for bids, the
3-25 advertisement must be published in accordance with Section
3-26 262.025(a), Local Government Code. If the board receives fewer
3-27 than three bids in response to the advertisement, the board shall
3-28 give written notice directly to at least three suppliers, vendors,
3-29 or providers of the intended purchase. If three suppliers,
3-30 vendors, or providers are not available or known to the board, the
3-31 board shall give written notice by mail directly to each supplier,
3-32 vendor, or provider known to the board.
3-33 (c) The advertisement or notice for competitive bidding
3-34 must:
3-35 (1) describe the work to be performed or the item to
3-36 be purchased or leased;
3-37 (2) state the location at which the bidding documents,
3-38 plans, specifications, or other data may be examined; and
3-39 (3) state the time and place for submitting bids and
3-40 the time and place that bids will be opened.
3-41 (d) The board may not prepare restrictive bid
3-42 specifications.
3-43 (e) Bids may be opened only by the board at a public meeting
3-44 or by a district officer or employee at or in a district office.
3-45 (f) The board may reject any bid. The board may not award a
3-46 contract to a bidder who is not the lowest bidder unless, before
3-47 the bid is awarded, the lowest bidder is given notice of the
3-48 proposed award and an opportunity to appear before the board or its
3-49 designated representative and present evidence concerning the
3-50 bidder's responsibility.
3-51 (g) A contract awarded in violation of this section is void.
3-52 (h) This section applies to an expenditure of district tax
3-53 revenues by any party or entity for the purchase of services,
3-54 vehicles, equipment, or goods.
3-55 (i) This section does not apply to:
3-56 (1) the purchase or lease of real property;
3-57 (2) an item or service that the board determines can
3-58 be obtained from only one source;
3-59 (3) a contract for fire extinguishment and suppression
3-60 services, emergency rescue services, or ambulance services; or
3-61 (4) an emergency expenditure.
3-62 (j) Subsection (i) does not prohibit the board from
3-63 soliciting competitive bids for any item, service, or contract
3-64 listed in Subsection (i).
3-65 (k) A contract for a public works project must be
3-66 administered in accordance with Subchapter B, Chapter 271, Local
3-67 Government Code, except as provided by this section.
3-68 SECTION 9. This Act takes effect September 1, 1997.
3-69 SECTION 10. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.
4-5 * * * * *