By Lindsay                                      S.B. No. 1397

      75R8423 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the purchase of fire-fighting and emergency medical

 1-3     services equipment and property by a municipality annexing an area.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 43, Local Government Code,

 1-6     is amended by adding Section 43.058 to read as follows:

 1-7           Sec. 43.058.  PURCHASE OF FIRE-FIGHTING AND EMERGENCY MEDICAL

 1-8     SERVICES EQUIPMENT AND PROPERTY IN ANNEXED AREA.  (a)  A

 1-9     municipality that annexes an area shall purchase fire-fighting and

1-10     emergency medical services equipment and real property that is:

1-11                 (1)  owned by a fire protection or emergency medical

1-12     services provider; and

1-13                 (2)  used or located in the annexed area.

1-14           (b)  Subsection (a)  applies only if the fire protection or

1-15     emergency medical services provider requests that the municipality

1-16     purchase the equipment or real property.

1-17           (c)  Not later than the 30th day after the date of a request

1-18     under Subsection (b), the municipality and the fire protection or

1-19     emergency medical services provider shall begin negotiations for

1-20     the purchase of fire-fighting and emergency medical services

1-21     equipment.  The parties shall jointly select three independent

1-22     appraisers to appraise each item of equipment.  Real property must

1-23     be appraised by a real estate appraiser who holds the designation

1-24     of "Member, Appraisal Institute."  The purchase price of each item

 2-1     is the average of the three appraisals.

 2-2           (d)  Chapter 252 does not apply to a purchase required by

 2-3     this section.

 2-4           (e)  In this section, "fire protection or emergency medical

 2-5     services provider" means a volunteer fire department or a

 2-6     governmental entity providing fire protection or emergency medical

 2-7     services, including a county, emergency medical services provider,

 2-8     or emergency services district.

 2-9           SECTION 2.  Section 43.058, Local Government Code, as added

2-10     by this Act, applies only to a municipal annexation the effective

2-11     date of which is on or after December 1, 1996.

2-12           SECTION 3.  The importance of this legislation and the

2-13     crowded condition of the calendars in both houses create an

2-14     emergency and an imperative public necessity that the

2-15     constitutional rule requiring bills to be read on three several

2-16     days in each house be suspended, and this rule is hereby suspended,

2-17     and that this Act take effect and be in force from and after its

2-18     passage, and it is so enacted.