By Hamric H.B. No. 1950
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration, powers, duties, maximum tax rate in
1-3 populous counties and operations of emergency services districts.
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 under
1-9 Section 775.0361, [A] a district may not commission a peace officer
1-10 or employ a person as a peace officer.
1-11 SECTION 2. Section 775.034(a), Health and Safety Code, is
1-12 amended to read as follows:
1-13 (a) The commissioners court of a county in which a
1-14 single-county district is located shall appoint a five-member board
1-15 of emergency services commissioners to serve as the district's
1-16 governing body. To be qualified to serve as a member of the board
1-17 a person must be at least 18 years of age, a resident citizen of
1-18 the state, and either a qualified voter within areas served by the
1-19 district or the owner of land subject to taxation in the district.
1-20 Except as prescribed by Subsection (b), commissioners serve
1-21 two-year terms.
1-22 SECTION 3. Section 775.035, Health and Safety Code, is
2-1 amended by adding Subsection (i), to read as follows:
2-2 (i) All elections shall be generally conducted in accordance
2-3 with the Election Code except as otherwise provided for by this
2-4 Section. The procedures and time requirements for write-in
2-5 candidacies for Commissioner elections shall be governed by
2-6 Subchapter C, Chapter 146, Election Code.
2-7 SECTION 4. Section 775.036(b), Health and Safety Code, is
2-8 amended to read as follows:
2-9 (b) The board may adopt and enforce a fire code, including
2-10 fines for any violations, that does not conflict with a fire code
2-11 adopted by [another political subdivision that also contains within
2-12 its boundaries any portion of the land contained in the district]
2-13 any county in which the district is located and may require
2-14 inspections in the district relating to the causes and prevention
2-15 of fires and medical emergencies, except as provided by Section
2-16 775.031(b). The board may not enforce the district's fire code
2-17 within the boundaries of a municipality that has adopted a fire
2-18 code. The board of a district located wholly within a county with
2-19 a population of [2.4] 3.0 million or more may not adopt a fire code
2-20 or a fine for a violation of the district's fire code unless the
2-21 commissioners court of the county consents to the adoption of the
2-22 code or fine.
2-23 SECTION 5. Subchapter C, Chapter 775, Health and Safety
2-24 Code, is amended by adding a new Section 775.0361 to read as
2-25 follows:
2-26 Sec. 775.0361. DISTRICT FIRE MARSHAL; ESTABLISHMENT; POWERS.
3-1 (a) A district located wholly within a county that has not
3-2 established an office of county fire marshal or a multi-county
3-3 district located partly within a county that has not established an
3-4 office of county fire marshal may establish the office of district
3-5 fire marshal and provide office facilities, equipment,
3-6 transportation, assistants, and professional services for that
3-7 office.
3-8 (1) The term of office for the office of district fire
3-9 marshal shall not exceed a period of two years.
3-10 (b) The jurisdiction and powers of the district fire marshal
3-11 under this Section shall be limited to the boundaries of the
3-12 district and shall not extend into the city limits of
3-13 municipalities within the district that have a city fire marshal or
3-14 into the boundaries of a county in which the district is located
3-15 that has a county fire marshal.
3-16 (c) To qualify for office, the district fire marshal must
3-17 take the oath prescribed by the constitution of this state and post
3-18 a bond as required by the district conditioned that the district
3-19 fire marshal will faithfully and strictly perform the duties of the
3-20 office.
3-21 (d) The district fire marshal may not be directly or
3-22 indirectly interested in the sale of fire-fighting equipment and
3-23 may not be engaged in any type of fire insurance business.
3-24 (e) The district fire marshal shall:
3-25 (1) investigate the cause, origin, and circumstances
3-26 of each fire that destroys or damages property and which occurs
4-1 within the district but outside the city limits of municipalities
4-2 within the district that have a city fire marshal;
4-3 (2) determine whether the fire was the result of
4-4 negligent or intentional conduct.
4-5 (3) The district fire marshal shall begin this
4-6 investigation within 24 hours after the receipt of information
4-7 regarding a fire. The 24-hour period does not include a Sunday.
4-8 (f) In the performance of official duties, the district fire
4-9 marshal, at any time of day, may enter and examine a structure
4-10 where a fire has occurred and may examine adjacent premises. The
4-11 district fire marshal shall conduct this examination in a manner
4-12 designed to impose the least inconvenience to any persons living in
4-13 the building.
4-14 (g) The district fire marshal shall keep a record of each
4-15 fire that the district fire marshal is required to investigate.
4-16 The record must include the facts, statistics, and circumstances
4-17 determined by the investigation, including the origin of the fire
4-18 and the estimated amount of the loss.
4-19 (h) If the district fire marshal determines that further
4-20 investigation of a fire or of an attempt to set a fire is
4-21 necessary, the district fire marshal may:
4-22 (1) subpoena witnesses to testify regarding the fire
4-23 or attempt;
4-24 (2) administer oaths to the witnesses;
4-25 (3) take and preserve written statements, affidavits,
4-26 and depositions; and
5-1 (4) require the production of an instrument that is
5-2 pertinent to the investigation.
5-3 (i) The district fire marshal shall file in a court of
5-4 competent jurisdiction a complaint charging arson, attempted arson,
5-5 conspiracy to defraud, or any other crime against a person the
5-6 district fire marshal believes to be guilty.
5-7 (j) The district fire marshal shall file charges under
5-8 subsection (u) of this Section in a court of competent jurisdiction
5-9 against a witness who refuses to cooperate with the investigation.
5-10 (k) In this subsection, "fire hazard" means any of the
5-11 following conditions that endanger the safety of a structure or its
5-12 occupants and promote or cause fire or combustion:
5-13 (1) the presence of a flammable substance;
5-14 (2) a dangerous or dilapidated wall, ceiling, or other
5-15 structural element;
5-16 (3) improper lighting, heating, or other facilities;
5-17 (4) the presence of a dangerous chimney, flue, pipe,
5-18 main, or stove, or of dangerous wiring; or
5-19 (5) dangerous storage.
5-20 (l) In the interest of safety and fire prevention, the
5-21 district fire marshal may inspect for fire hazards any structure,
5-22 appurtenance, fixture, or real property located in the district and
5-23 within 200 feet of a structure, appurtenance, or fixture. If the
5-24 district fire marshal determines the presence of a fire hazard, the
5-25 district fire marshal may order the owner or occupant of the
5-26 premises to correct the hazardous situation.
6-1 (m) In a proceeding under this Subchapter, the district fire
6-2 marshal may:
6-3 (1) conduct an investigation or examination in
6-4 private;
6-5 (2) exclude a person who is not under examination; and
6-6 (3) separate witnesses from each other until each
6-7 witness is examined.
6-8 (n) Service of process required by this subchapter shall be
6-9 made by a constable or sheriff and shall be signed by the district
6-10 fire marshal.
6-11 (o) An action taken by a district fire marshal in the
6-12 investigation of fire does not affect the rights of a policy holder
6-13 or of any company regarding a loss caused by the fire.
6-14 (p) The result of an investigation by the district fire
6-15 marshal of a fire may not be admitted in evidence in the trial of a
6-16 civil action brought under the insurance policy.
6-17 (q) The statement of an insurance company, the company's
6-18 officers, agents, or adjusters, or of a policyholder or the
6-19 policyholder's representative, that is made to the district fire
6-20 marshal or his representative with respect to the origin or cause
6-21 or supposed origin or cause of the fire may not be admitted in
6-22 evidence in or made the basis of a civil action for damages.
6-23 (r) The district fire marshal shall enforce all state,
6-24 county and district orders, rules and regulations that relate to
6-25 fires, explosions, or damages of any king caused by a fire or
6-26 explosion. The district fire marshal may not enforce orders and
7-1 decrees within a municipality that has a city fire marshal or
7-2 within a county that has a county fire marshal.
7-3 (s) The district fire marshal shall cooperate with the state
7-4 fire marshal to conduct fire prevention and fire-fighting
7-5 activities or post fire investigations. The district fire marshal
7-6 shall aid or conduct an investigation in a municipality or a county
7-7 if requested by the municipality or the county.
7-8 (t) The district fire marshal and the assistants and
7-9 employees of the office are not liable in damages for any acts or
7-10 omissions in the performance of their duties, except in cases of
7-11 gross negligence or willful malfeasance.
7-12 (u) A person commits an offense if the person is a witness
7-13 in connection with an investigation by the district fire marshal
7-14 and refuses to be sworn, refuses to appear and testify, or fails
7-15 and refuses to produce before the district fire marshal any book,
7-16 paper, or other document relating to any matter under investigation
7-17 if called on by the district fire marshal to do so.
7-18 (v) An offense under this section is a misdemeanor
7-19 punishable by a fine of not more than $25.
7-20 (w) An owner or occupant who is subject to an order issued
7-21 by the district fire marshal commits an offense if he fails to
7-22 comply with the order. The offense is a Class B misdemeanor. Each
7-23 refusal to comply is a separate offense.
7-24 (x) If subsequent to the establishment of a district fire
7-25 marshal position under this section, a county in which such
7-26 district is located shall establish a position of county fire
8-1 marshal pursuant to Chapter 352, Local Government Code, or a
8-2 municipality shall establish a position of city fire marshal as
8-3 provided by law or city charter, then not later than thirty days
8-4 thereafter the jurisdiction of the district fire marshal within
8-5 such municipality or county shall cease. Such city fire marshal
8-6 shall thereupon assume control and jurisdiction over the pending
8-7 investigations and court proceedings then being handled by the
8-8 district fire marshal within the city and such county fire marshal
8-9 shall thereupon assume control and jurisdiction over the pending
8-10 investigations and court proceedings then being handled by the
8-11 district fire marshal within the county.
8-12 (y) This section does not apply to a state agency that is
8-13 authorized to prevent and extinguish forest and grass fires.
8-14 SECTION 6. Section 775.040, Health and Safety Code, is
8-15 amended by re-designating and amending the current paragraph and by
8-16 adding subsections (b)-(d) to read as follows:
8-17 (a) A district, or a person authorized by contract on the
8-18 district's behalf, may charge a reasonable fee for emergency
8-19 services performed for or on behalf of a person or entity,
8-20 including a fee for responding to a hazardous materials service
8-21 call, false alarm or for a fire code inspection.
8-22 (b) In this section, the following words, terms, and phrases
8-23 shall have the meanings ascribed to them in this section, unless
8-24 the context of their usage clearly indicates another meaning:
8-25 "Business entity" or "person" means any corporation,
8-26 sole proprietorship, partnership, limited partnership, person, firm
9-1 or other similar entity engaged in any commercial, business or
9-2 industrial transactions of any nature.
9-3 "District Responder" means the district or a person
9-4 authorized by contract to act on the district's behalf. "Hazardous
9-5 materials" means any flammables, explosives, radioactive materials,
9-6 hazardous waste, toxic substances or related materials, including
9-7 substances defined as "hazardous substances," "hazardous
9-8 materials," "toxic substances" or "solid wastes" in or pursuant to
9-9 the Comprehensive Environmental Response, Compensation, and
9-10 Liability Act of 1980 as amended, 42 U.S.C. Section 9601, et seq.;
9-11 the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801,
9-12 et seq.; the Resource Conservation and Recovery Act of 1976, 42
9-13 U.S.C. Section 6901, et seq.; the Toxic Substances Control Act, as
9-14 amended, 15 U.S.C. Section 2601, et seq.; or the Texas Solid Waste
9-15 Disposal Act, as amended, Texas Health & Safety Code Section
9-16 361.001, et seq.
9-17 "Responsible party" means, jointly and severally, all
9-18 persons involved in the possession, ownership or transportation of
9-19 any hazardous material that is released or abandoned, or who have
9-20 legal liability for the causation of an incident resulting in the
9-21 release or abandonment of any hazardous material.
9-22 "Service" means a response by a district responder to
9-23 an incident involving a leakage, spill and/or other release and/or
9-24 abandonment of any hazardous material.
9-25 "Service call" means the period of time from the
9-26 arrival of the district responder at the site where the service is
10-1 to be performed to the return of the district responder to on-call
10-2 status at the incident site.
10-3 (c) Notwithstanding any other provision of this section, any
10-4 individual who constitutes a responsible party as hereinabove
10-5 defined shall not be required to pay charges authorized under
10-6 subsection (a) of this section for the release or abandonment of
10-7 any hazardous material if all of the following conditions are met:
10-8 (1) The individual otherwise responsible or liable for
10-9 the release or abandonment of a hazardous material is not involved
10-10 in the possession, ownership or transportation of the hazardous
10-11 material as the employee, agent or servant of any business entity
10-12 or person;
10-13 (2) The individual involved in the possession,
10-14 ownership or transportation of the hazardous material released or
10-15 abandoned is so involved solely for private, noncommercial purposes
10-16 related to the individual's own residential property, real property
10-17 or private personal property, and the individual receives or is to
10-18 receive no compensation for any services involving the hazardous
10-19 materials; and
10-20 (3) The hazardous materials possessed, owned or being
10-21 transported by the individual are in forms, quantities and
10-22 containers ordinarily and lawfully available for sale as consumer
10-23 products to members of the general public.
10-24 Provided, however that nothing in this section shall be
10-25 construed to exempt any individual from compliance with the
10-26 reporting requirement of subsection (e) of this section.
11-1 (d) This section shall not apply to hazardous materials
11-2 possessed, owned or transported by a district, the State of Texas
11-3 (including its political subdivisions) or the federal government.
11-4 SECTION 7. Section 775.041, Health and Safety Code,
11-5 "Exemption From Investment Training" is amended by redesignating
11-6 the section to read as follows:
11-7 [Sec. 775.041] Sec. 775.043. Exemption From Investment
11-8 Training. (a) Section 2256.008, Government Code, does not apply to
11-9 an officer or employee of a district created under this chapter.
11-10 (b) A district may invest funds only in the authorized
11-11 investments set forth under Government Code Section 2256.009
11-12 (obligations of, or guaranteed by governmental entities), 2256.010
11-13 (certificates of deposit and share certificates), or 2256.016
11-14 (investment pools), unless the treasurer, chief financial officer
11-15 (if not the treasurer), and the investment officer of the district
11-16 attend and successfully complete the training requirements under
11-17 Section 2256.008, Government Code.
11-18 SECTION 8. Section 775.0741, Health and Safety Code, is
11-19 amended to read as follows:
11-20 (a) This section applies only to a district located wholly
11-21 in a county with a population of more than [2.4] 3.0 million.
11-22 (b) The board shall annually impose an ad valorem tax on all
11-23 real and personal property located in the district and subject to
11-24 district taxation for the district's support and the purposes
11-25 authorized by this chapter.
11-26 (c) The tax may not exceed three cents on each $100 of the
12-1 taxable value of property taxable by the district. If the district
12-2 was originally a rural fire prevention district and was converted
12-3 under Section 794.100, the tax may not exceed [six] ten cents on
12-4 each $100 of the taxable value of property taxable by the district.
12-5 (d) In setting and certifying the tax rate, the board is
12-6 subject to Sections 775.074(b) through (e).
12-7 SECTION 9. Article 2.12, Code of Criminal Procedure, is
12-8 amended by adding Subsection (31), to read as follows:
12-9 (31) a fire marshal commissioned by an emergency
12-10 services district under Section 775.0361, Health & Safety Code and
12-11 investigators of a district fire marshall.
12-12 SECTION 10. This Act takes effect September 1, 2001.
12-13 SECTION 11. The importance of this legislation and the
12-14 crowded condition of the calendars in both houses create an
12-15 emergency and an imperative public necessity that the
12-16 constitutional rule requiring bills to be read on three several
12-17 days in each house be suspended, and this rule is hereby suspended.