By Cook                                               H.B. No. 3667
         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 assistance to certain volunteer fire departments and to
 1-3     the imposition of a tax to finance that assistance.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 614, Government Code, is amended by
 1-6     adding Subchapter F to read as follows:
 1-7      SUBCHAPTER F.  RURAL VOLUNTEER FIRE DEPARTMENT INSURANCE PROGRAM
 1-8           Sec. 614.071.  DEFINITIONS.  In this subchapter:
 1-9                 (1)  "Director" means the director of the Texas Forest
1-10     Service of The Texas A&M University System.
1-11                 (2)  "Fund" means the Rural Volunteer Fire Department
1-12     Insurance Fund.
1-13                 (3)  "Program" means the Rural Volunteer Fire
1-14     Department Insurance Program.
1-15                 (4)  "Service" means the Texas Forest Service of Texas
1-16     A&M University System.
1-17                 (5)  "Part-paid fire department" means a fire
1-18     department operated by its members, some of whom are volunteers and
1-19     not more than 20 of whom are paid.
1-20                 (6)  "Volunteer fire department" means a fire
1-21     department operated by its members, including a part-paid fire
1-22     department, that is operated on a not-for-profit basis, including a
1-23     department that is exempt from federal income tax under Section
 2-1     501(a), Internal Revenue Code of 1986, by being listed as an exempt
 2-2     organization in Section 501(c)(3) of that code and participates in
 2-3     the firefighter certification program under Subchapter D, Sec.
 2-4     419.071 of the Government Code or the certification program
 2-5     administered by the State Firemen's and Fire Marshals' Association
 2-6     of Texas.
 2-7           Sec. 614.072.  ADMINISTRATION OF PROGRAM.  (a)  The Texas
 2-8     Forest Service shall administer the program established under this
 2-9     subchapter, and the director may adopt rules necessary to assist
2-10     rural volunteer fire departments in paying for worker's
2-11     compensation and accidental death and disability insurance.
2-12           (b)  The service may employ staff to administer the program. 
2-13           (c)  The director shall, in consultation with the advisory
2-14     committee appointed under Section 614.073:
2-15                 (1)  Determine reasonable criteria and qualifications
2-16     for the distribution of money from the rural volunteer fire
2-17     department insurance fund; and
2-18                 (2)  Establish a procedure for reporting and processing
2-19     requests for money from the fund.
2-20           (d)  The criteria and qualifications for the distribution of
2-21     money from the fund determined by the director under Subsection (c)
2-22     may not include a prohibition on a volunteer fire department
2-23     receiving funds from a political subdivision.
2-24           (e)  The director shall prepare an annual written report on
2-25     the activity, status, and effectiveness of the fund and shall
2-26     submit the report to the lieutenant governor, the speaker of the
 3-1     house of representatives, and the comptroller before September 1 of
 3-2     each year.
 3-3           (f)  Any assistance or benefits provided under this
 3-4     subchapter to a volunteer fire department or a firefighter who is a
 3-5     member of a volunteer fire department may not be considered
 3-6     compensation, and a firefighter receiving assistance under this
 3-7     subchapter may not be considered to be in the paid service of any
 3-8     governing body.
 3-9           (g)  Administration costs associated with the program during
3-10     a state fiscal year may not exceed seven percent of the total
3-11     revenue collected from the tax imposed under Chapter 161, Tax Code,
3-12     during the previous year.
3-13           Sec. 614.073.  ADVISORY COMMITTEE.  (a)  The director shall
3-14     appoint an advisory committee to advise the director in regard to
3-15     the administration of the program.
3-16           (c)  The advisory committee consists of five members, two of
3-17     whom must be members of the Texas Rural Fire Advisory Council, two
3-18     of whom must be elected county officials, and one of whom must be
3-19     an elected representative of a municipality with a population of
3-20     10,000 or less.  The director must appoint the members as follows:
3-21                 (1)  one member from the north region of the state;
3-22                 (2)  one member from the south region of the state;
3-23                 (3)  one member from the east region of the state;
3-24                 (4)  one member from  the west region of the state;
3-25                 (5)  one member from the central region of the state.
3-26           Sec. 614.074.  REQUESTS FOR ASSISTANCE.  (a)  A request for
 4-1     assistance from the fund shall be submitted to the director.
 4-2           (b)  On receiving a request for assistance, the director
 4-3     shall determine whether to provide assistance and the amount of the
 4-4     assistance to be provided, if any, based on the criteria developed
 4-5     in consultation with the advisory committee under Section 614.072.
 4-6     A written copy of the decision shall be sent to the requestor and
 4-7     each member of the advisory committee.
 4-8           Sec. 614.075.  FUND.  (a)  The rural volunteer fire
 4-9     department insurance fund is an account in the general revenue fund
4-10     and is composed of money collected under Chapter 161, Tax Code, and
4-11     contributions to the fund from any other source.
4-12           (b)  Money in the fund may be used only for a purpose under
4-13     this subchapter.
4-14           SECTION 2. Subtitle E, Title 2, Tax Code, is amended by
4-15     adding Chapter 161 to read as follows:
4-16                         CHAPTER 161.  FIREWORKS TAX
4-17           Sec. 161.001.  DEFINITION.  In this chapter, "fireworks"
4-18     means any composition or device that is designed to produce a
4-19     visible or audible effect by combustion, explosion, deflagration,
4-20     or detonation that is classified as Division 1.4G explosives by the
4-21     United States Department of Transportation in 49 C.F.R. Part 173 as
4-22     of September 1, 2001.
4-23           Sec. 161.002.  FIREWORKS SALES TAX.  (a)  A tax is imposed on
4-24     each sale at retail of fireworks.
4-25           (b)  The tax rate is two percent of the sale price of the
4-26     fireworks.
 5-1           (c)  The tax imposed under this chapter is in addition to the
 5-2     tax imposed under Chapter 151.  The tax imposed by this chapter
 5-3     does not apply to a sale unless the tax imposed under Chapter 151
 5-4     applies to the sale.
 5-5           Sec. 161.003.  APPLICATION OF OTHER PROVISIONS OF CODE.  (a)
 5-6     Except as provided differently by this chapter:
 5-7                 (1)  the tax imposed by this chapter is administered,
 5-8     imposed, collected, and enforced in the same manner as the tax
 5-9     under Chapter 151 is administered, imposed, collected, and
5-10     enforced; and
5-11                 (2)  the provisions of Chapter 151 that are applicable
5-12     to the sales tax imposed under Subchapter C, Chapter 151, apply to
5-13     the tax imposed by this chapter.
5-14           (b)  A change in the law relating to the taxation of the sale
5-15     of fireworks under Chapter 151 also applies to the tax imposed by
5-16     this chapter.
5-17           Sec. 161.004.  ALLOCATION OF TAX.  The comptroller shall
5-18     allocate the revenue from taxes imposed by this chapter, other than
5-19     penalties and interest, to the rural volunteer fire department
5-20     insurance fund established by Section 614.075, Government Code.
5-21           SECTION 3.  The director of the Texas Forest Service may not
5-22     grant a request for assistance under Subchapter F, Chapter 614,
5-23     Government Code, as added by this Act, before September 1, 2002.
5-24           SECTION 4.  This Act takes effect July 1, 2001, if it
5-25     receives  a vote of two-thirds of all the members elected to each
5-26     house, as provided by Section 39, Article III, Texas Constitution.
 6-1     If this Act does not receive the vote necessary for effect on that
 6-2     date, this Act takes effect October 1, 2001.