SRC-SLL, PNG H.B. 2980 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2980
76R9468 MXM-DBy: Hamric (Lucio)
Intergovernmental Relations
5/10/1999
Engrossed


DIGEST 

A rural fire prevention district is created to protect life and property
and to provide fire and safety related services to persons and property
within its boundaries.  H.B.  2980 sets forth additional provisions
regarding rural fire prevention districts. 

PURPOSE

As proposed, H.B. 2980 sets forth additional provisions regarding rural
fire prevention districts. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 794.012(b), Health and Safety Code, to require
the name of each county to be inserted in the first blank, and the next
available rural fire prevention district created under Chapter 794
(district) number to be inserted into the second blank. 

SECTION 2.  Amends Section 794.014, Health and Safety Code, by adding
Subsection (g), to provide that this section does not apply if the proposed
district contains territory in the unincorporated area of a county with a
population of 2.4 million or more. 

SECTION 3.  Amends Section 794.031, Health and Safety Code, to authorize a
district to borrow money.  Makes a conforming change. 

SECTION 4.  Amends Sections 794.034(b) and (h), Health and Safety Code, to
require the county judges of each county in a district to mutually
establish a convenient day provided by Section 41.001, Election Code, to
conduct an election to elect the initial fire commissioners.  Authorizes
the board of fire commissioners (board) to change the election date from
one authorized election date to another authorized election date.  Requires
the board to adjust the terms of office to conform to the new election
date.  Deletes existing text regarding the date for election of initial
fire commissioners. 

SECTION 5.  Amends Section 794.035, Health and Safety Code, by adding
Subsections (e) and (f), to provide that Chapter 551, Government Code, does
not apply to a meeting of certain committees. Require the board, each
January, to publish the street address of the district's administrative
office meeting certain requirements.  Requires the board, in a district's
first year of operation, to publish the notice not later than 60 days after
the initial board is appointed.   

SECTION 6.  Amends Chapter 794C, Health and Safety Code, by adding Section
794.038, as follows: 

Sec.  794.038.  REMOVAL OF BOARD MEMBER.  Authorizes the board to remove a
member under certain circumstances.  Sets forth provisions regarding repeal
of a removal. Provides that the validity of a board action is not affected
because it is taken when a ground for removal of a board member exists. 

SECTION 7.  Amends Section 794.071, Health and Safety Code, to prohibit the
district from  contracting for an amount of indebtedness in any one year
that is in excess of the fund then on hand and, rather than or, that may be
paid from current revenues for the year. 

SECTION 8.  Amends Section 794.074(i), Health and Safety Code, to provide
that this section does not apply to a contract for fire extinguishment and
suppression service, emergency rescue service, or ambulance service. 

SECTION 9.  Makes application of this Act prospective as to competitive
bids made by a board. 

SECTION  10.  Effective date: September 1, 1999.

SECTION  11.  Emergency clause.