SRC-JXG S.B. 1609 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1609
By: Lucio
Intergovernmental Relations
4/6/1999
As Filed


DIGEST 

Under the 75th Legislature, Section 775.022, Health and Safety Code, was
amended to require a municipality that annexes a portion of an emergency
services district (district) to pay the district for a pro-rata share of
the debt that is attributable to the annexed area. Since the bill's
passage, disputes have risen regarding the date that property values should
be determined in order to calculate the prorata share. A district is
designed to provide health and safety-related services for the properties
within its boundaries. S.B. 1609 would clarify annexation and payment of
pro-rata shares of debt, qualifications for district board members, fire
code adoption and enforcement, clarification of fees, and fee payment and
collection in an emergency services district. 

PURPOSE

As proposed, S.B. 1609 sets forth regulations for emergency services
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 775.022, Health and Safety Code, by amending
Subsection (c), to require a municipality to compensate the emergency
services district (district) in an amount equal to the annexed territory's
pro rata share of the district's indebtedness based upon the unpaid
principal balances and the property values at the time the territory is
annexed, if a municipality annexes a portion of a district. 

SECTION 2. Amends Section 775.034, Health and Safety Code, by amending
Subsection (a), to provide that a person is qualified to serve as a member
of the emergency services board (board), if that person meets certain
requirements. 

SECTION 3. Amends Section 775.036, Health and Safety Code, by amending
Subsection (b), to authorize the board to adopt and enforce a fire code
that does not conflict with a fire code adopted by another political
subdivision that overlaps the district's boundaries. Prohibits the board
from enforcing the district's fire code within the boundaries of a
municipality that has adopted a fire code. 

SECTION 4. Amends Section 775.040, Health and Safety Code, to authorize a
district to charge a reasonable fee for emergency services performed,
including but not limited to responding to false alarms and fire code
inspections. 

SECTION 5. Amends Chapter 775C, Health and Safety Code, by adding Section
775.041, as follows: 

Sec. 775.041. FEE PAYMENT AND COLLECTION. Requires a fee to be paid within
a reasonable amount of time as established by the district, when a district
has imposed a reasonable fee in accordance with Section 775.040. Authorizes
the district to seek to collect the fee by complaints filed in the
appropriate court of jurisdiction in the county in which the district's
principal office or meeting place is located, if the amount of time
established by the district has lapsed and the fee has not been paid.
Authorizes the district to recover reasonable  fees for attorneys, expert
witnesses, and other costs incurred before the court, if the district
prevails in any suit to collect such fees.  

SECTION 6. TRANSITION PROVISION. Makes application of this Act prospective.
Provides that this Act does not prohibit a person who is a member of the
board on the effective date of this Act from being reappointed to the
board, if the person has the qualifications required for a member under
Section 775.034, Health and Safety Code, as amended by this Act. 

SECTION 7. Emergency clause.
           Effective date: upon passage.