HBA-CMT H.B. 1950 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1950 By: Hamric County Affairs 3/26/2001 Introduced BACKGROUND AND PURPOSE Emergency service districts (ESD) are special districts which provide health and safety related services to persons and property within ESD boundaries. An ESD may be a single county district board appointed by the commissioners court or a multicounty district with a board elected by the voters within ESD boundaries. Currently, some confusion exists in the provisions relating to these ESDs. House Bill 1950 clarifies provisions relating to the administration, powers, duties, maximum tax rate in populous counties and the operation of emergency service districts. 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. ANALYSIS House Bill 1950 amends the Health and Safety Code to require all elections for emergency services commissioners to be generally conducted in accordance with the Election Code (Sec. 775.035). The bill authorizes a board of emergency services commissioners (board) to adopt and enforce a fire code that does not conflict with a fire code adopted by any county in which the district is located. The bill provides that the board of a district located wholly within a county with a population of three million, rather than 2.4 million, is prohibited from adopting a fire code or a fine for a violation of the district's fire code unless the commissioners court of the county consents to the adoption of the code or fine (Sec. 775.036). The bill provides that a district located wholly within a county that has not established an office of county fire marshal or a multicounty district located partly within a county that has not established an office of county fire marshal is authorized to establish the office of district fire marshal and provide office facilities, equipment, transportation, assistants, and professional services for that office. The bill prohibits the term of office for a district fire marshal from exceeding a period of two years. The jurisdiction and powers of the district fire marshal are limited to the boundaries of the district and are prohibited from extending into the city limits of municipalities within the district that have a city fire marshal or into the boundaries of a county in which the district is located that has a county fire marshal. The bill sets forth qualification requirements for the office of district fire marshal, and prohibits the district fire marshal from having an interest in the sale of fire-fighting equipment and engaging in any type of fire insurance business. The bill sets forth provisions stating what occurrences a district fire marshal is required to investigate, what an investigation performed by the district fire marshal is required to encompass, and time requirements for when an investigation is to be started. The bill sets forth the powers and duties of a district fire marshal. The bill sets forth procedures for the service of process. An action taken by a district fire marshal in the investigation of a fire does not affect the rights of a policyholder or of any company regarding a loss caused by the fire, and the result of an investigation of a fire is prohibited from being admitted as evidence in a trial of a civil action brought under an insurance policy. The statement of an insurance company, the company's officers, agents, or adjusters, or of a policyholder or the policyholder's representative that is made to the district fire marshal or representative with respect to the origin or cause or supposed origin of the fire is prohibited from being admitted as evidence in or made the basis of a civil action for damages. The bill requires the district fire marshal to enforce all state, county and district orders, rules, and regulations that relate to fires, explosions, or damages of any kind caused by a fire or explosion. The bill prohibits the district fire marshal from enforcing orders and decrees within a municipality that has a city fire marshal or a county that has a county fire marshal. The bill requires the district fire marshal to cooperate with the state fire marshal to conduct fire prevention and fire-fighting activities or post fire investigations, and aid or conduct an investigation in a municipality or a county if requested by the municipality or the county. The bill provides that a district fire marshal and the assistants and employees of the office are not liable in damages for any acts or omissions in the performance of their duties, except in cases of gross negligence or wilful malfeasance. The bill sets forth provisions for when a person commits an offense in connection with an investigation and specifies that the offense is a misdemeanor punishable by a fine not to exceed $25. An owner or occupant who is subject to an order issued by the district fire marshal commits a Class B misdemeanor offense if that person fails to comply with the order. The bill provides that if subsequent to the establishment of a district fire marshal position, a county or municipality in which such a district is located is required to establish a position of county or city fire marshal then no later than 30 days after the jurisdiction of the district fire marshal within such municipality or county shall cease. Such city fire marshals or county fire marshals are required to assume control and jurisdiction over the pending investigations and court proceedings within the city or county being handled by the district fire marshal (Sec. 775.0361). The bill sets forth conditions that must be met for an individual who constitutes a responsible party to be exempted from paying the authorized charges for the release or abandonment of any hazardous material. The above provision does not apply to hazardous materials possessed, owned, or transported by a district, the State of Texas, or the federal government (Sec. 775.040). The bill sets forth that provisions regarding an ad valorem tax in a district wholly located in a populous county apply only to a county with a population of more than 3.0 million rather than 2.4 million, and increases the maximum amount of the tax which may not exceed 10 rather than six cents for each $100 of taxable value if the district was originally a rural fire prevention district (Sec. 775.0741). H.B. 1950 amends the Code of Criminal Procedure to designate a fire marshal commissioned by an emergency services district and investigators of a district fire marshal as peace officers (Art. 2.12). EFFECTIVE DATE September 1, 2001.