By Hamric                                             H.B. No. 2980
         76R7193 MXM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to rural fire prevention districts.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 794.012(b), Health and Safety Code, is
 1-5     amended to read as follows:
 1-6           (b)  The name of the district proposed by the petition must
 1-7     be "____________ Rural Fire Prevention District No. _______."  The
 1-8     name of each county must be inserted in the first blank, and the
 1-9     next available district number must be inserted into the second
1-10     blank.
1-11           SECTION 2.  Section 794.014, Health and Safety Code, is
1-12     amended by adding Subsection (g) to read as follows:
1-13           (g)  This section does not apply if the proposed district
1-14     contains territory in the unincorporated area of a county with a
1-15     population of 2.4 million or more.
1-16           SECTION 3.  Section 794.031, Health and Safety Code, is
1-17     amended to read as follows:
1-18           Sec. 794.031.  DISTRICT POWERS.  A district is a political
1-19     subdivision of the state.  To perform the functions of the
1-20     district, a district may:
1-21                 (1)  acquire, purchase, hold, lease, manage, occupy,
1-22     and sell real and personal property or an interest in property;
1-23                 (2)  enter into and perform necessary contracts;
1-24                 (3)  appoint and employ necessary officers, agents, and
 2-1     employees;
 2-2                 (4)  sue and be sued;
 2-3                 (5)  levy and enforce the collection of taxes as
 2-4     prescribed by this chapter;
 2-5                 (6)  accept and receive donations;
 2-6                 (7)  lease, own, maintain, operate, and provide fire
 2-7     engines and other necessary or proper fire protection equipment and
 2-8     machinery to prevent and extinguish fires in the district;
 2-9                 (8)  lease, own, and maintain real property,
2-10     improvements, and fixtures necessary to house, repair, and maintain
2-11     fire protection equipment;
2-12                 (9)  contract with other entities, including other
2-13     districts or municipalities, to make fire-fighting facilities, fire
2-14     extinguishment services, and emergency rescue and ambulance
2-15     services available to the district;
2-16                 (10)  contract with other entities, including other
2-17     districts or municipalities, for reciprocal operation of services
2-18     and facilities if the contracting parties find that reciprocal
2-19     operation would be mutually beneficial and not detrimental to the
2-20     district;
2-21                 (11)  lease, own, maintain, operate, and provide
2-22     emergency rescue equipment, and emergency ambulance service, and
2-23     other necessary and proper equipment to prevent loss of life or
2-24     serious personal injury from fire or other hazards;
2-25                 (12)  borrow money; and
2-26                 (13) [(12)]  perform other acts necessary to carry out
2-27     the intent of this chapter.
 3-1           SECTION 4.  Section 794.034(b), Health and Safety Code, is
 3-2     amended to read as follows:
 3-3           (b)  After a district located in more than one county is
 3-4     created, the county judges of each county in the district shall
 3-5     mutually establish a convenient day provided by Section 41.001,
 3-6     Election Code [in November, other than the date of the general
 3-7     election for state and county officers], to conduct an election to
 3-8     elect the initial fire commissioners.
 3-9           SECTION 5.  Section 794.035, Health and Safety Code, is
3-10     amended by adding Subsections (e) and (f) to read as follows:
3-11           (e)  Chapter 551, Government Code, does not apply to a
3-12     meeting of a committee:
3-13                 (1)  of the board if less than a board quorum attends;
3-14     or
3-15                 (2)  composed of representatives of more than one
3-16     board, if less than a quorum of any of the boards attends.
3-17           (f)  Each January, the board shall publish the street address
3-18     of the district's administrative office in eight-point type in the
3-19     legal notices section of a newspaper of general circulation in the
3-20     district.  In a district's first year of operation, the board shall
3-21     publish the notice not later than 60 days after the initial board
3-22     is appointed.
3-23           SECTION 6.  Subchapter C, Chapter 794, Health and Safety
3-24     Code, is amended by adding Section 794.038 to read as follows:
3-25           Sec. 794.038.  REMOVAL OF BOARD MEMBER.  (a)   A board may
3-26     remove a member if:
3-27                 (1)  the member  is absent from more than half of the
 4-1     regularly scheduled board meetings that the member is eligible to
 4-2     attend during a calendar year without an excuse approved by  a
 4-3     majority vote of the board; and
 4-4                 (2)  the other members of the board unanimously vote to
 4-5     remove that member.
 4-6           (b)  Not later than 30 days after a vote to remove a member
 4-7     under Subsection (a), that member may file a written appeal for
 4-8     reinstatement to the commissioners court of the county in which a
 4-9     single-county district is located or, if the district is located in
4-10     more than one county, the commissioners court of the county where
4-11     the member resides.  The court may reinstate the member if it finds
4-12     the removal unwarranted after considering:
4-13                 (1)  a reason for an absence;
4-14                 (2)  the time and place of a missed meeting;
4-15                 (3)  the business conducted at a missed meeting; and
4-16                 (4)  any other factors or circumstances the court
4-17     considers relevant.
4-18           (c)  The validity of a board action is not affected because
4-19     it is taken when a ground for removal of a board member exists.
4-20           SECTION 7.  Section 794.071, Health and Safety Code, is
4-21     amended to read as follows:
4-22           Sec. 794.071.  LIMITATION ON INDEBTEDNESS.  Except as
4-23     provided by Sections 794.072, 794.076-794.081, and 794.083, a
4-24     district may not contract for an amount of indebtedness in any one
4-25     year that is in excess of the funds then on hand and [or] that may
4-26     be paid from current revenues for the year.
4-27           SECTION 8.  Section 794.074(i), Health and Safety Code, is
 5-1     amended to read as follows:
 5-2           (i)  This section does not apply to:
 5-3                 (1)  [to] the purchase or lease of real property;
 5-4                 (2)  [to] an item or service that the board determines
 5-5     can be obtained from only one source;  [or]
 5-6                 (3)  a contract for fire extinguishment and suppression
 5-7     service, emergency rescue service, or ambulance service; or
 5-8                 (4)  an emergency expenditure.
 5-9           SECTION 9.  (a)  The changes in law made by this Act apply
5-10     only to a request for competitive bids made  by a board of fire
5-11     commissioners on or after the effective date of this Act.
5-12           (b)  A request for competitive bids by a board made before
5-13     the effective date of this Act is covered by the law in effect when
5-14     the board submitted the request for competitive bids, and the
5-15     former law is continued in effect for that purpose.
5-16           SECTION 10.  This Act takes effect September 1, 1999.
5-17           SECTION 11.  The importance of this legislation and the
5-18     crowded condition of the calendars in both houses create an
5-19     emergency and an imperative public necessity that the
5-20     constitutional rule requiring bills to be read on three several
5-21     days in each house be suspended, and this rule is hereby suspended.