By: Lucio S.B. No. 1609 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED AN ACT 1-1 relating to the administration, powers, duties and operations of 1-2 Emergency Services Districts: 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 775.022, Health & Safety Code, is amended 1-5 by amending Subsection (c) to read as follows: 1-6 (c) If a municipality annexes a portion of a district, the 1-7 municipality shall compensate the district in an amount equal to 1-8 the annexed territory's pro rata share of the district's 1-9 indebtedness based upon the unpaid principal balances and the 1-10 property values at the time the territory is annexed. The district 1-11 shall apply compensation received from a municipality under this 1-12 subsection exclusively to the payment of the annexed territory's 1-13 pro rata share of the district's indebtedness. 1-14 SECTION 2. Section 775.034, Health & Safety Code, is amended 1-15 by amending Subsection (a) to read as follows: 1-16 (a) The commissioners court of a county in which a 1-17 single-county district is located shall appoint a five-member board 1-18 of emergency services commissioners to serve as the district's 1-19 governing body. A person is qualified to serve as a member of the 1-20 board if that person is: at least 18 years old; a resident citizen 1-21 of the State of Texas; and, a qualified voter within areas served 1-22 by the District or the owner of land subject to taxation in the 2-1 district. Except as prescribed by Subsection (b), commissioners 2-2 serve two-year terms. 2-3 SECTION 3. Section 775.036, Health & Safety Code, is amended 2-4 by amending Subsection (b) to read as follows: 2-5 (b) The board may adopt and enforce a fire code, including 2-6 fines for any violations, that does not conflict with a fire code 2-7 adopted by another political subdivision that overlaps the 2-8 district's boundaries and may require inspections in the district 2-9 relating to the causes and prevention of fires and medical 2-10 emergencies, except as provided by Section 775.031(b). The board 2-11 may not enforce the district's fire code within the boundaries of a 2-12 municipality that has adopted a fire code. 2-13 SECTION 4. Section 775.040, Health & Safety Code, is amended 2-14 by amending the section to read as follows: 2-15 A district may charge a reasonable fee for emergency services 2-16 performed, including but not limited to responding to false alarms 2-17 and fire code inspections, for or on behalf of a person or entity. 2-18 SECTION 5. Chapter 775, Subchapter C, Health & Safety Code, 2-19 is amended by adding Section 775.041 as follows: 2-20 Subsection 775.041. Fee Payment and Collection 2-21 (a) When a district has imposed a reasonable fee in 2-22 accordance with Section 775.040, the fee must be paid within a 2-23 reasonable amount of time as established by the district. 2-24 (b) If the amount of time established by the district 2-25 has lapsed and the fee has not been paid, the district may seek to 2-26 collect the fee by complaints filed in the appropriate court of 3-1 jurisdiction in the county in which the district's principal office 3-2 or meeting place is located. 3-3 (c) If the district prevails in any suit to collect 3-4 such fee, it may, in the same action, recover reasonable fees for 3-5 attorneys, expert witnesses, and other costs incurred by the 3-6 district before the court. The amount of the attorney's fees shall 3-7 be fixed by the court. 3-8 SECTION 6. TRANSITION PROVISION. The changes in law made by 3-9 Section 2 of this Act in the qualifications of, and the 3-10 prohibitions applying to, members of the emergency services 3-11 commissioners board do not affect the entitlement of a member 3-12 serving on the board immediately before the effective date of this 3-13 Act to continue to carry out the board's functions for the 3-14 remainder of the member's term. The changes in law apply only to a 3-15 member appointed on or after the effective date of this Act. This 3-16 Act does not prohibit a person who is a member of the board on the 3-17 effective date of this Act from being reappointed to the board if 3-18 the person has the qualifications required for a member under 3-19 Section 775.034, Health & Safety Code, as amended by this Act. 3-20 SECTION 7. EMERGENCY. The importance of this legislation 3-21 and the crowded condition of the calendars in both houses create an 3-22 emergency and an imperative public necessity that the 3-23 constitutional rule requiring bills to be read on three several 3-24 days in each house be suspended, and this rule is hereby suspended, 3-25 and that this Act take effect and be in force from and after its 3-26 passage, and is so enacted.