By Gallego                                            H.B. No. 3438
         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 authority of a county to grant volunteer
 1-3     firefighters and volunteer emergency medical technicians a tax
 1-4     credit against county ad valorem taxes imposed on the real property
 1-5     of those persons.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1. Chapter 31, Tax Code, is amended by adding Section
 1-8     31.038 to read as follows:
 1-9           Sec. 31.038.  TAX CREDITS FOR VOLUNTEER FIREFIGHTERS AND
1-10     EMERGENCY MEDICAL TECHNICIANS. (a)  In this section:
1-11                 (1)  "Volunteer" means a person who:
1-12                       (A)  performs emergency services for the benefit
1-13     of a political subdivision as authorized by the political
1-14     subdivision and;
1-15                       (B)  does not earn the federal minimum wage or
1-16     more in exchange for the performance of the emergency services
1-17     which benefit the political subdivision.
1-18                 (2)  "Volunteer emergency medical technician" means  an
1-19     individual who:
1-20                       (A)  performs emergency medical services or
1-21     operates an ambulance for the benefit of a political subdivision as
1-22     authorized by the political subdivision and;
1-23                       (B)  is qualified as an emergency medical
 2-1     technician under Section 773.047, Health and Safety Code, or at a
 2-2     higher level of training under Section 773.048 or 773.049, Health
 2-3     and Safety Code.
 2-4                 (3)  "Volunteer firefighter" means a member of an
 2-5     organized volunteer fire department who:
 2-6                       (A)  renders volunteer fire-fighting services for
 2-7     a political subdivision;
 2-8                       (B)  consists of not fewer than five active
 2-9     members, a majority of whom are present at each meeting; and
2-10                       (C)  conducts at least two drills each month with
2-11     each drill lasting at least two hours.
2-12           (b)  Under this section, compensation does not include
2-13     worker's compensation or other insurance coverage provided by a
2-14     political subdivision to provide medical care for injuries
2-15     sustained while performing volunteer services.
2-16           (c)  This section applies only to a volunteer firefighter or
2-17     volunteer emergency medical technician who is a resident of a
2-18     county and whose voluntary service is for the benefit of an area
2-19     that is located in whole or in part in that county.
2-20           (d)  This section applies only to a county whose land area is
2-21     equal to or greater than 1,280 square miles.
2-22           (e)  The governing body of a county may provide a volunteer
2-23     firefighter or volunteer emergency medical technician a credit
2-24     against the taxes imposed by the county on real property owned by
2-25     the person.
2-26           (f)  The amount of a credit under this section shall be
 3-1     established by the governing body.
 3-2           (g)  A county may provide additional qualifications and
 3-3     limitations for credit under this section.
 3-4           (h)  The amount of a credit under this section may not exceed
 3-5     the amount of ad valorem taxes imposed by the county on an eligible
 3-6     person's real property in the tax year.
 3-7           (i)  Credit granted under this section may not be
 3-8     transferred, used  in payment of other taxes or amounts due by any
 3-9     person, or used to pay interest or penalties on delinquent taxes.
3-10           SECTION 2. This Act takes effect January 1, 2002, but only if
3-11     the constitutional amendment proposed by the 77th Legislature,
3-12     Regular Session, 2001, to authorize a county to grant a credit
3-13     against county ad valorem taxes imposed on real property of
3-14     volunteer firefighters and volunteer emergency medical technicians
3-15     is approved by the voters.  If that amendment is not approved by
3-16     the voters, the Act has no effect.