HBA-DMD H.B. 2980 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2980
By: Hamric
County Affairs
4/4/1999
Introduced



BACKGROUND AND PURPOSE 

A rural fire prevention district (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 specifies directions for filling
out a petition for the creation of a rural fire protection district in more
than one county. This bill authorizes a district to borrow money. This bill
also changes the date of election to elect the initial fire commissioners
of a district. It provides for the removal of a member of the board of fire
commissioners. H.B. 2980 prohibits a district, with certain exceptions,
from contracting an amount of indebtedness in any one year that is in
excess of the funds then on hand and that may be paid from current revenues
for the year.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 794.012(b), Health and Safety Code, to specify
directions for filling out a petition for the creation of a rural fire
protection district (district) in more than one county. 

SECTION 2.  Amends Section 794.014, Health and Safety Code, by adding
Subsection (g), to provide that this section (Creation of District That
Includes Municipal Territory) 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 include the
authority to borrow money among the powers of the district. 

SECTION 4.  Amends Section 794.034(b), Health and Safety Code, to require
the county judges of each county in the district, after a district located
in more than one county is created, to mutually establish a convenient day
provided by Section 41.001 (Uniform Election Dates), Election Code, rather
than a convenient day  in November other than the date of the general
election for state and county officers, to conduct an election to elect the
initial fire commissioners.  

SECTION 5.  Amends Section 794.035, Health and Safety Code, by adding
Subsections (e) and (f), as follows: 

(e) Sets forth that Chapter 551 (Open Meetings), Government Code, does not
apply to a meeting of a committee of the board of fire commissioners
(board) if less than a board quorum attends, or, if composed of
representatives of more than one board, if less than a quorum of any of the
boards attends.  

(f) Requires the board, each January, to publish the street address of the
district's administrative office in eight-point type in the legal notices
section of a newspaper of general circulation in the district. Requires the
board, in a district's first year of operation, to publish the notice no
later than 60 days after the initial board is appointed.  

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

Sec. 794.038. REMOVAL OF BOARD MEMBER.  (a)  Specifies the circumstances in
which a board is authorized to remove a member.  

(b) Authorizes a member, no later than 30 days after a vote to remove that
member under Subsection (a), to file a written appeal for reinstatement to
the commissioners court of the county in which a single-county district is
located or, if the district is located in more than one county, the
commissioners court of the county where the member resides. Specifies the
reasons for which the court is authorized to reinstate the member. 
 
(c) Sets forth 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 a
district, with certain exceptions, from contracting an amount of
indebtedness in any one year that is in excess of the funds then on hand
and, rather than or, that may be paid from current revenues for the year.  

SECTION 8.  Section 794.074(i), Health and Safety Code, to include a
contract for fire extinguishment and suppression service, emergency rescue
service, or ambulance service as a provision for which this section
(Competitive Bids Requirement) does not apply. 

SECTION 9.Makes application of this Act prospective, as it applies to a
request for competitive bids. 

SECTION 10.Effective date: September 1, 1999. 

SECTION 11.Emergency clause.