1-1 By: Hamric (Senate Sponsor - Lucio) H.B. No. 2980
1-2 (In the Senate - Received from the House April 26, 1999;
1-3 April 27, 1999, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 13, 1999, reported favorably by
1-5 the following vote: Yeas 5, Nays 0; May 13, 1999, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to rural fire prevention districts.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 794.012(b), Health and Safety Code, is
1-12 amended to read as follows:
1-13 (b) The name of the district proposed by the petition must
1-14 be "____________ Rural Fire Prevention District No. _______." The
1-15 name of each county must be inserted in the first blank, and the
1-16 next available district number must be inserted into the second
1-17 blank.
1-18 SECTION 2. Section 794.014, Health and Safety Code, is
1-19 amended by adding Subsection (g) to read as follows:
1-20 (g) This section does not apply if the proposed district
1-21 contains territory in the unincorporated area of a county with a
1-22 population of 2.4 million or more.
1-23 SECTION 3. Section 794.031, Health and Safety Code, is
1-24 amended to read as follows:
1-25 Sec. 794.031. DISTRICT POWERS. A district is a political
1-26 subdivision of the state. To perform the functions of the
1-27 district, a district may:
1-28 (1) acquire, purchase, hold, lease, manage, occupy,
1-29 and sell real and personal property or an interest in property;
1-30 (2) enter into and perform necessary contracts;
1-31 (3) appoint and employ necessary officers, agents, and
1-32 employees;
1-33 (4) sue and be sued;
1-34 (5) levy and enforce the collection of taxes as
1-35 prescribed by this chapter;
1-36 (6) accept and receive donations;
1-37 (7) lease, own, maintain, operate, and provide fire
1-38 engines and other necessary or proper fire protection equipment and
1-39 machinery to prevent and extinguish fires in the district;
1-40 (8) lease, own, and maintain real property,
1-41 improvements, and fixtures necessary to house, repair, and maintain
1-42 fire protection equipment;
1-43 (9) contract with other entities, including other
1-44 districts or municipalities, to make fire-fighting facilities, fire
1-45 extinguishment services, and emergency rescue and ambulance
1-46 services available to the district;
1-47 (10) contract with other entities, including other
1-48 districts or municipalities, for reciprocal operation of services
1-49 and facilities if the contracting parties find that reciprocal
1-50 operation would be mutually beneficial and not detrimental to the
1-51 district;
1-52 (11) lease, own, maintain, operate, and provide
1-53 emergency rescue equipment, and emergency ambulance service, and
1-54 other necessary and proper equipment to prevent loss of life or
1-55 serious personal injury from fire or other hazards;
1-56 (12) borrow money; and
1-57 (13) [(12)] perform other acts necessary to carry out
1-58 the intent of this chapter.
1-59 SECTION 4. Sections 794.034(b) and (h), Health and Safety
1-60 Code, are amended to read as follows:
1-61 (b) After a district located in more than one county is
1-62 created, the county judges of each county in the district shall
1-63 mutually establish a convenient day provided by Section 41.001,
1-64 Election Code [in November, other than the date of the general
2-1 election for state and county officers], to conduct an election to
2-2 elect the initial fire commissioners.
2-3 (h) The general election for commissioner shall be held
2-4 annually on an authorized election date as provided by Chapter 41,
2-5 Election Code. The board may change the election date from one
2-6 authorized election date to another authorized election date and
2-7 shall adjust the terms of office to conform to the new election
2-8 date.
2-9 SECTION 5. Section 794.035, Health and Safety Code, is
2-10 amended by adding Subsections (e) and (f) to read as follows:
2-11 (e) Chapter 551, Government Code, does not apply to a
2-12 meeting of a committee:
2-13 (1) of the board if less than a board quorum attends;
2-14 or
2-15 (2) composed of representatives of more than one
2-16 board, if less than a quorum of any of the boards attends.
2-17 (f) Each January, the board shall publish the street address
2-18 of the district's administrative office in eight-point type in the
2-19 legal notices section of a newspaper of general circulation in the
2-20 district. In a district's first year of operation, the board shall
2-21 publish the notice not later than 60 days after the initial board
2-22 is appointed.
2-23 SECTION 6. Subchapter C, Chapter 794, Health and Safety
2-24 Code, is amended by adding Section 794.038 to read as follows:
2-25 Sec. 794.038. REMOVAL OF BOARD MEMBER. (a) A board may
2-26 remove a member if:
2-27 (1) the member is absent from more than half of the
2-28 regularly scheduled board meetings that the member is eligible to
2-29 attend during a calendar year without an excuse approved by a
2-30 majority vote of the board; and
2-31 (2) the other members of the board unanimously vote to
2-32 remove that member.
2-33 (b) Not later than 30 days after a vote to remove a member
2-34 under Subsection (a), that member may file a written appeal for
2-35 reinstatement to the commissioners court of the county in which a
2-36 single-county district is located or, if the district is located in
2-37 more than one county, the commissioners court of the county where
2-38 the member resides. The court may reinstate the member if it finds
2-39 the removal unwarranted after considering:
2-40 (1) a reason for an absence;
2-41 (2) the time and place of a missed meeting;
2-42 (3) the business conducted at a missed meeting; and
2-43 (4) any other factors or circumstances the court
2-44 considers relevant.
2-45 (c) The validity of a board action is not affected because
2-46 it is taken when a ground for removal of a board member exists.
2-47 SECTION 7. Section 794.071, Health and Safety Code, is
2-48 amended to read as follows:
2-49 Sec. 794.071. LIMITATION ON INDEBTEDNESS. Except as
2-50 provided by Sections 794.072, 794.076-794.081, and 794.083, a
2-51 district may not contract for an amount of indebtedness in any one
2-52 year that is in excess of the funds then on hand and [or] that may
2-53 be paid from current revenues for the year.
2-54 SECTION 8. Section 794.074(i), Health and Safety Code, is
2-55 amended to read as follows:
2-56 (i) This section does not apply to:
2-57 (1) [to] the purchase or lease of real property;
2-58 (2) [to] an item or service that the board determines
2-59 can be obtained from only one source; [or]
2-60 (3) a contract for fire extinguishment and suppression
2-61 service, emergency rescue service, or ambulance service; or
2-62 (4) an emergency expenditure.
2-63 SECTION 9. (a) The changes in law made by this Act apply
2-64 only to a request for competitive bids made by a board of fire
2-65 commissioners on or after the effective date of this Act.
2-66 (b) A request for competitive bids by a board made before
2-67 the effective date of this Act is covered by the law in effect when
2-68 the board submitted the request for competitive bids, and the
2-69 former law is continued in effect for that purpose.
3-1 SECTION 10. This Act takes effect September 1, 1999.
3-2 SECTION 11. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.
3-7 * * * * *