77R8857 MXM-F
By Hamric H.B. No. 1950
Substitute the following for H.B. No. 1950:
By Ramsay C.S.H.B. No. 1950
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration, powers, duties, and operations of
1-3 certain emergency services districts; providing criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 775.031(c), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (c) A district may contract with the state or a political
1-8 subdivision for law enforcement services. Except as provided by
1-9 Subchapter F, a [A] district may not commission a peace officer or
1-10 employ a person as a peace officer.
1-11 SECTION 2. Section 775.034, Health and Safety Code, is
1-12 amended to read as follows:
1-13 Sec. 775.034. APPOINTMENT OF BOARD IN DISTRICT LOCATED
1-14 WHOLLY IN ONE COUNTY. (a) The commissioners court of a county in
1-15 which a single-county district is located shall appoint a
1-16 five-member board of emergency services commissioners to serve as
1-17 the district's governing body. To [be qualified to] serve as a
1-18 member of the board a person must be:
1-19 (1) at least 18 years of age; and
1-20 (2) [,] a resident citizen of the state[,] and:
1-21 (A) a qualified voter within areas served by the
1-22 district; or
1-23 (B) the owner of land subject to taxation in the
1-24 district.
2-1 (b) Except as prescribed by Subsection (c) [(b)],
2-2 commissioners serve two-year terms.
2-3 (c) [(b)] After the votes are canvassed and the
2-4 commissioners court enters the order creating the district, the
2-5 commissioners court shall appoint the initial emergency services
2-6 commissioners to serve until January 1 of the year following the
2-7 district election. On January 1, the court shall designate three
2-8 of those emergency services commissioners to serve a two-year term
2-9 and two of those emergency services commissioners to serve a
2-10 one-year term.
2-11 (d) [(c)] On January 1 of each year, the commissioners court
2-12 shall appoint a successor for each emergency services commissioner
2-13 whose term has expired.
2-14 (e) [(d)] The commissioners court shall fill a vacancy on
2-15 the board for the remainder of the unexpired term.
2-16 SECTION 3. Section 775.035, Health and Safety Code, is
2-17 amended by adding Subsection (i) to read as follows:
2-18 (i) Subchapter C, Chapter 146, Election Code, applies to a
2-19 write-in candidate for emergency services commissioner under this
2-20 section in the same manner it applies to a write-in candidate for a
2-21 city office under that subchapter.
2-22 SECTION 4. Section 775.036(b), Health and Safety Code, is
2-23 amended to read as follows:
2-24 (b) The board may adopt and enforce a fire code, including
2-25 fines for any violations, that does not conflict with a fire code
2-26 adopted by any county [another political subdivision] that also
2-27 contains within its boundaries any portion of the land contained in
3-1 the district and may require inspections in the district relating
3-2 to the causes and prevention of fires and medical emergencies,
3-3 except as provided by Section 775.031(b). The board may not
3-4 enforce the district's fire code within the boundaries of a
3-5 municipality that has adopted a fire code. The board of a district
3-6 located wholly within a county with a population of three [2.4]
3-7 million or more may not adopt a fire code or a fine for a violation
3-8 of the district's fire code unless the commissioners court of the
3-9 county consents to the adoption of the code or fine.
3-10 SECTION 5. Chapter 775, Health and Safety Code, is amended by
3-11 adding Subchapter F to read as follows:
3-12 SUBCHAPTER F. FIRE MARSHAL
3-13 Sec. 775.101. CREATION. (a) A district may create the
3-14 office of district fire marshal if a county in which the district
3-15 is located does not have a county fire marshal.
3-16 (b) The district shall appoint an individual to serve in the
3-17 office of fire marshal.
3-18 Sec. 775.102. TERM. The fire marshal serves a two-year term.
3-19 Sec. 775.103. BOND. The fire marshal shall post a bond in
3-20 the amount required by the district and conditioned on the faithful
3-21 and strict performance of the fire marshal's duties under this
3-22 subchapter.
3-23 Sec. 775.104. CONFLICT OF INTEREST. The fire marshal may
3-24 not:
3-25 (1) have a direct or indirect financial interest in
3-26 the sale of fire-fighting equipment; or
3-27 (2) be engaged in the business of fire insurance.
4-1 Sec. 775.105. ADMINISTRATIVE SUPPORT. The district may
4-2 provide facilities, equipment, transportation, employees, and other
4-3 services and assistance to the fire marshal, including
4-4 investigators.
4-5 Sec. 775.106. JURISDICTION. (a) Except as provided by
4-6 Section 775.107 or 775.115, the fire marshal may not exercise the
4-7 powers granted under this subchapter in:
4-8 (1) the territory of a municipality that has a
4-9 municipal fire marshal; or
4-10 (2) the territory of a county that has a county fire
4-11 marshal.
4-12 (b) This subchapter does not change or otherwise limit the
4-13 authority of any state agency to prevent and extinguish forest and
4-14 grass fires.
4-15 Sec. 775.107. TRANSFER OF JURISDICTION. (a) This section
4-16 applies if:
4-17 (1) a county in which a district is located creates a
4-18 county fire marshal under Subchapter B, Chapter 352, Local
4-19 Government Code; or
4-20 (2) a municipality located in the district creates a
4-21 municipal fire marshal.
4-22 (b) Not later than the 30th day after the creation of the
4-23 county or municipal fire marshal, the jurisdiction of the district
4-24 fire marshal in that county or municipality ceases. The new county
4-25 or municipal fire marshal shall assume control over any pending
4-26 investigations, court proceedings, or other matters being handled
4-27 by the district fire marshal in the county or municipality.
5-1 Sec. 775.108. GENERAL POWERS AND DUTIES. The fire marshal
5-2 shall:
5-3 (1) investigate the cause, origin, and circumstances
5-4 of each fire that damages property;
5-5 (2) determine whether the fire was caused by negligent
5-6 or intentional conduct; and
5-7 (3) enforce all state, county, and district orders and
5-8 rules that relate to fires, explosions, or damages caused by a fire
5-9 or an explosion.
5-10 Sec. 775.109. INVESTIGATIONS. (a) The fire marshal shall
5-11 begin an investigation within 24 hours after notification of a
5-12 fire. The 24-hour period does not include Sunday.
5-13 (b) The fire marshal may investigate attempted fires.
5-14 Sec. 775.110. INSPECTION. (a) The fire marshal may, at any
5-15 time of day, enter and inspect:
5-16 (1) property where a fire has occurred; and
5-17 (2) property adjacent to where a fire occurred.
5-18 (b) The fire marshal shall conduct this inspection in a
5-19 manner least inconvenient to any persons living on the property.
5-20 Sec. 775.111. INSPECTION FOR FIRE HAZARDS. (a) In this
5-21 section, "fire hazard" means any of the following conditions that
5-22 endanger the safety of a structure or its occupants and promote or
5-23 cause fire or combustion:
5-24 (1) the presence of a flammable substance;
5-25 (2) a dangerous or dilapidated wall, ceiling, or other
5-26 structural element;
5-27 (3) improper lighting, heating, or other facilities;
6-1 (4) the presence of a dangerous chimney, flue, pipe,
6-2 main, or stove, or of dangerous wiring; or
6-3 (5) dangerous storage.
6-4 (b) In the interest of safety and fire prevention, the fire
6-5 marshal may inspect for fire hazards any structure, appurtenance,
6-6 fixture, or real property located in the district and within 200
6-7 feet of a structure, appurtenance, or fixture. If the fire marshal
6-8 determines the presence of a fire hazard, the fire marshal may
6-9 order the owner or occupant of the premises to correct the
6-10 hazardous situation.
6-11 Sec. 775.112. RECORDS. The fire marshal shall keep a record
6-12 of each fire that the fire marshal is required to investigate. The
6-13 record must include the facts, statistics, and circumstances
6-14 determined by the investigation, including the origin of the fire
6-15 and the estimated amount of the loss.
6-16 Sec. 775.113. ADDITIONAL INVESTIGATION POWERS. (a) If the
6-17 fire marshal determines that further investigation of a fire or of
6-18 an attempt to set a fire is necessary, the fire marshal may:
6-19 (1) subpoena witnesses to testify regarding the fire
6-20 or attempt;
6-21 (2) administer oaths to the witnesses;
6-22 (3) take and preserve written statements, including
6-23 statements under oath such as an affidavit or deposition; and
6-24 (4) require the production of a document or item
6-25 related to the investigation.
6-26 (b) As part of an investigation, the fire marshal may:
6-27 (1) conduct an investigation or examination in
7-1 private;
7-2 (2) exclude a person who is not under examination; and
7-3 (3) separate witnesses from each other until each
7-4 witness is examined.
7-5 Sec. 775.114. INSURANCE. (a) An action taken by the fire
7-6 marshal in the investigation of fire does not affect the rights of
7-7 a policyholder or of an insurer regarding a loss caused by the
7-8 fire.
7-9 (b) The results of an investigation by the fire marshal of a
7-10 fire may not be admitted in evidence in the trial of a civil action
7-11 brought under an insurance policy.
7-12 (c) The statement of an insurer, of the insurer's officers,
7-13 agents, or adjusters, or of a policyholder or the policyholder's
7-14 representative made to the fire marshal or the fire marshal's
7-15 representative regarding the cause of a fire may not be admitted in
7-16 evidence or made the basis of a civil action for damages.
7-17 Sec. 775.115. COOPERATION WITH OTHER FIRE MARSHALS. (a) The
7-18 district fire marshal shall cooperate with the state fire marshal
7-19 to conduct:
7-20 (1) fire prevention activities;
7-21 (2) fire-fighting activities; and
7-22 (3) fire investigations.
7-23 (b) The district fire marshal shall aid or conduct an
7-24 investigation in a municipality or a county if requested by the
7-25 municipality or the county.
7-26 Sec. 775.116. LIMIT ON LIABILITY. The fire marshal and any
7-27 district employees assisting the fire marshal are not liable for
8-1 any acts or omissions in the performance of their duties, except
8-2 for gross negligence or wilful malfeasance.
8-3 Sec. 775.117. ENFORCEMENT. (a) The fire marshal shall file
8-4 in court a complaint charging arson, attempted arson, conspiracy to
8-5 defraud, or any other related crime against a person the fire
8-6 marshal believes to be guilty.
8-7 (b) The fire marshal shall file charges in court against a
8-8 witness who refuses to cooperate with the investigation.
8-9 Sec. 775.118. SERVICE OF PROCESS. A constable or sheriff may
8-10 serve process under this subchapter. The process must be signed by
8-11 the fire marshal.
8-12 Sec. 775.119. CRIMINAL PENALTY; CONTEMPT OF FIRE
8-13 INVESTIGATION. (a) A person commits an offense if the person is a
8-14 witness in connection with an investigation by the fire marshal
8-15 and:
8-16 (1) refuses to be sworn;
8-17 (2) refuses to appear and testify; or
8-18 (3) fails to produce to the fire marshal any document
8-19 or item relating to an investigation under this subchapter.
8-20 (b) An offense under this section is a misdemeanor
8-21 punishable by a fine of not more than $25.
8-22 Sec. 775.120. CRIMINAL PENALTY; FAILURE TO COMPLY WITH
8-23 ORDER. (a) An owner or occupant of real property who is subject to
8-24 an order issued by the fire marshal commits an offense if the
8-25 person fails to comply with the order.
8-26 (b) An offense under this section is a Class B misdemeanor.
8-27 (c) Each failure to comply with an order is a separate
9-1 offense.
9-2 SECTION 6. Chapter 775, Health and Safety Code, is amended by
9-3 adding Subchapter G to read as follows:
9-4 SUBCHAPTER G. HAZARDOUS MATERIALS
9-5 Sec. 775.151. DEFINITIONS. In this subchapter:
9-6 (1) "Hazardous material" means a flammable material,
9-7 an explosive, a radioactive material, a hazardous waste, a toxic
9-8 substance, or related material, including a substance defined as a
9-9 "hazardous substance," "hazardous material," "toxic substance," or
9-10 "solid waste" under:
9-11 (A) the federal Comprehensive Environmental
9-12 Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9-13 Section 9601 et seq.), as amended;
9-14 (B) the federal Resource Conservation and
9-15 Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), as amended;
9-16 (C) the federal Toxic Substances Control Act (15
9-17 U.S.C. Section 2601 et seq.), as amended; or
9-18 (D) Chapter 361.
9-19 (2) "Responsible party" means a person:
9-20 (A) involved in the possession, ownership, or
9-21 transportation of a hazardous material that is released or
9-22 abandoned; or
9-23 (B) who has legal liability for the causation of
9-24 an incident resulting in the release or abandonment of a hazardous
9-25 material.
9-26 Sec. 775.152. HAZARDOUS MATERIALS SERVICE. A district may
9-27 provide hazardous materials services, including a response to an
10-1 incident involving hazardous material that has been:
10-2 (1) leaked, spilled, or otherwise released; or
10-3 (2) abandoned.
10-4 Sec. 775.153. FEE FOR PROVIDING HAZARDOUS MATERIALS SERVICE;
10-5 EXCEPTION. (a) A district, or a person authorized by contract on
10-6 the district's behalf, may charge a reasonable fee to a responsible
10-7 party for responding to a hazardous materials service call.
10-8 (b) An individual who is a responsible party does not have
10-9 to pay the fee if:
10-10 (1) the individual is not involved in the possession,
10-11 ownership, or transportation of the hazardous material as the
10-12 employee, agent, or servant of another person;
10-13 (2) the individual is involved solely for private,
10-14 noncommercial purposes related to the individual's own property,
10-15 and the individual receives no compensation for any services
10-16 involving the hazardous materials; and
10-17 (3) the hazardous materials possessed, owned, or being
10-18 transported by the individual are in forms, quantities, and
10-19 containers ordinarily available for sale as consumer products to
10-20 members of the general public.
10-21 Sec. 775.154. EXEMPTION FOR GOVERNMENTAL ENTITIES. This
10-22 subchapter does not apply to hazardous materials owned or possessed
10-23 by a governmental entity.
10-24 SECTION 7. Article 2.12, Code of Criminal Procedure, as
10-25 amended by Chapters 90, 322, 882, and 974, Acts of the 76th
10-26 Legislature, Regular Session, 1999, is amended to read as follows:
10-27 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
11-1 officers:
11-2 (1) sheriffs, their deputies, and those reserve
11-3 deputies who hold a permanent peace officer license issued under
11-4 Chapter 1701, Occupations [415, Government] Code;
11-5 (2) constables, deputy constables, and those reserve
11-6 deputy constables who hold a permanent peace officer license issued
11-7 under Chapter 1701, Occupations [415, Government] Code;
11-8 (3) marshals or police officers of an incorporated
11-9 city, town, or village, and those reserve municipal police officers
11-10 who hold a permanent peace officer license issued under Chapter
11-11 1701, Occupations [415, Government] Code;
11-12 (4) rangers and officers commissioned by the Public
11-13 Safety Commission and the Director of the Department of Public
11-14 Safety;
11-15 (5) investigators of the district attorneys', criminal
11-16 district attorneys', and county attorneys' offices;
11-17 (6) law enforcement agents of the Texas Alcoholic
11-18 Beverage Commission;
11-19 (7) each member of an arson investigating unit
11-20 commissioned by a city, a county, or the state;
11-21 (8) officers commissioned under Section 37.081,
11-22 Education Code, or Subchapter E, Chapter 51, Education Code;
11-23 (9) officers commissioned by the General Services
11-24 Commission;
11-25 (10) law enforcement officers commissioned by the
11-26 Parks and Wildlife Commission;
11-27 (11) airport police officers commissioned by a city
12-1 with a population of more than one million[, according to the most
12-2 recent federal census,] that operates an airport that serves
12-3 commercial air carriers;
12-4 (12) airport security personnel commissioned as peace
12-5 officers by the governing body of any political subdivision of this
12-6 state, other than a city described by Subdivision (11), that
12-7 operates an airport that serves commercial air carriers;
12-8 (13) municipal park and recreational patrolmen and
12-9 security officers;
12-10 (14) security officers commissioned as peace officers
12-11 by the comptroller;
12-12 (15) officers commissioned by a water control and
12-13 improvement district under Section 49.216, Water Code;
12-14 (16) officers commissioned by a board of trustees
12-15 under Chapter 54, Transportation Code [341, Acts of the 57th
12-16 Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas
12-17 Civil Statutes)];
12-18 (17) investigators commissioned by the Texas State
12-19 Board of Medical Examiners;
12-20 (18) officers commissioned by the board of managers of
12-21 the Dallas County Hospital District, the Tarrant County Hospital
12-22 District, or the Bexar County Hospital District under Section
12-23 281.057, Health and Safety Code;
12-24 (19) county park rangers commissioned under Subchapter
12-25 E, Chapter 351, Local Government Code;
12-26 (20) investigators employed by the Texas Racing
12-27 Commission;
13-1 (21) officers commissioned under Chapter 554,
13-2 Occupations Code [by the State Board of Pharmacy];
13-3 (22) officers commissioned by the governing body of a
13-4 metropolitan rapid transit authority under Section 451.108,
13-5 Transportation Code, or by a regional transportation authority
13-6 under Section 452.110, Transportation Code;
13-7 (23) investigators commissioned by the attorney
13-8 general under Section 402.009, Government Code;
13-9 (24) security officers and investigators commissioned
13-10 as peace officers under Chapter 466, Government Code;
13-11 (25) an officer employed by the Texas Department of
13-12 Health under Section 431.2471, Health and Safety Code;
13-13 (26) officers appointed by an appellate court under
13-14 Subchapter F, Chapter 53, Government Code;
13-15 (27) officers commissioned by the state fire marshal
13-16 under Chapter 417, Government Code;
13-17 (28) an investigator commissioned by the commissioner
13-18 of insurance under Article 1.10D, Insurance Code;
13-19 (29) apprehension specialists commissioned by the
13-20 Texas Youth Commission as officers under Section 61.0931, Human
13-21 Resources Code; [and]
13-22 (30) officers appointed by the executive director of
13-23 the Texas Department of Criminal Justice under Section 493.019,
13-24 Government Code; [.]
13-25 (31) [(30)] investigators commissioned by the
13-26 Commission on Law Enforcement Officer Standards and Education under
13-27 Section 1701.160, Occupations [415.016, Government] Code;[.]
14-1 (32) commission [(30) board] investigators
14-2 commissioned by the Texas Commission on Private Security under
14-3 Section 1702.061(f), Occupations Code; and
14-4 (33) the fire marshal, and any investigators
14-5 commissioned by an emergency services district to assist that fire
14-6 marshal, under Subchapter F, Chapter 775, Health and Safety Code
14-7 [10(f), Private Investigators and Private Security Agencies Act
14-8 (Article 4413(29bb), Vernon's Texas Civil Statutes)].
14-9 SECTION 8. This Act takes effect September 1, 2001.