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.