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. Subsection (c), Section 775.031, Health and
1-6 Safety Code, is 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.
1-25 (b) Except as prescribed by Subsection (c) [(b)],
2-1 commissioners serve two-year terms.
2-2 (c) [(b)] After the votes are canvassed and the
2-3 commissioners court enters the order creating the district, the
2-4 commissioners court shall appoint the initial emergency services
2-5 commissioners to serve until January 1 of the year following the
2-6 district election. On January 1, the court shall designate three
2-7 of those emergency services commissioners to serve a two-year term
2-8 and two of those emergency services commissioners to serve a
2-9 one-year term.
2-10 (d) [(c)] On January 1 of each year, the commissioners court
2-11 shall appoint a successor for each emergency services commissioner
2-12 whose term has expired.
2-13 (e) [(d)] The commissioners court shall fill a vacancy on
2-14 the board for the remainder of the unexpired term.
2-15 SECTION 3. Section 775.035, Health and Safety Code, is
2-16 amended by adding Subsection (i) to read as follows:
2-17 (i) Subchapter C, Chapter 146, Election Code, applies to a
2-18 write-in candidate for emergency services commissioner under this
2-19 section in the same manner it applies to a write-in candidate for a
2-20 city office under that subchapter.
2-21 SECTION 4. Subsection (b), Section 775.036, Health and
2-22 Safety Code, is amended to read as follows:
2-23 (b) The board may adopt and enforce a fire code, including
2-24 fines for any violations, that does not conflict with a fire code
2-25 adopted by any county [another political subdivision] that also
2-26 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
3-11 by 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
3-19 term.
3-20 Sec. 775.103. BOND. The fire marshal shall post a bond in
3-21 the amount required by the district and conditioned on the faithful
3-22 and strict performance of the fire marshal's duties under this
3-23 subchapter.
3-24 Sec. 775.104. CONFLICT OF INTEREST. The fire marshal may
3-25 not:
3-26 (1) have a direct or indirect financial interest in
4-1 the sale of fire-fighting equipment; or
4-2 (2) be engaged in the business of fire insurance.
4-3 Sec. 775.105. ADMINISTRATIVE SUPPORT. The district may
4-4 provide facilities, equipment, transportation, employees, and other
4-5 services and assistance to the fire marshal, including
4-6 investigators.
4-7 Sec. 775.106. JURISDICTION. (a) Except as provided by
4-8 Section 775.107 or 775.115, the fire marshal may not exercise the
4-9 powers granted under this subchapter in:
4-10 (1) the territory of a municipality that has a
4-11 municipal fire marshal; or
4-12 (2) the territory of a county that has a county fire
4-13 marshal.
4-14 (b) This subchapter does not change or otherwise limit the
4-15 authority of any state agency to prevent and extinguish forest and
4-16 grass fires.
4-17 Sec. 775.107. TRANSFER OF JURISDICTION. (a) This section
4-18 applies if:
4-19 (1) a county in which a district is located creates a
4-20 county fire marshal under Subchapter B, Chapter 352, Local
4-21 Government Code; or
4-22 (2) a municipality located in the district creates a
4-23 municipal fire marshal.
4-24 (b) Not later than the 30th day after the creation of the
4-25 county or municipal fire marshal, the jurisdiction of the district
4-26 fire marshal in that county or municipality ceases. The new county
5-1 or municipal fire marshal shall assume control over any pending
5-2 investigations, court proceedings, or other matters being handled
5-3 by the district fire marshal in the county or municipality.
5-4 Sec. 775.108. GENERAL POWERS AND DUTIES. The fire marshal
5-5 shall:
5-6 (1) investigate the cause, origin, and circumstances
5-7 of each fire that damages property;
5-8 (2) determine whether the fire was caused by negligent
5-9 or intentional conduct; and
5-10 (3) enforce all state, county, and district orders and
5-11 rules that relate to fires, explosions, or damages caused by a fire
5-12 or an explosion.
5-13 Sec. 775.109. INVESTIGATIONS. (a) The fire marshal shall
5-14 begin an investigation within 24 hours after notification of a
5-15 fire. The 24-hour period does not include Sunday.
5-16 (b) The fire marshal may investigate attempted fires.
5-17 Sec. 775.110. INSPECTION. (a) The fire marshal may, at any
5-18 time of day, enter and inspect:
5-19 (1) property where a fire has occurred; and
5-20 (2) property adjacent to where a fire occurred.
5-21 (b) The fire marshal shall conduct this inspection in a
5-22 manner least inconvenient to any persons living on the property.
5-23 Sec. 775.111. INSPECTION FOR FIRE HAZARDS. (a) In this
5-24 section, "fire hazard" means any of the following conditions that
5-25 endanger the safety of a structure or its occupants and promote or
5-26 cause fire or combustion:
6-1 (1) the presence of a flammable substance;
6-2 (2) a dangerous or dilapidated wall, ceiling, or other
6-3 structural element;
6-4 (3) improper lighting, heating, or other facilities;
6-5 (4) the presence of a dangerous chimney, flue, pipe,
6-6 main, or stove, or of dangerous wiring; or
6-7 (5) dangerous storage.
6-8 (b) In the interest of safety and fire prevention, the fire
6-9 marshal may inspect for fire hazards any structure, appurtenance,
6-10 fixture, or real property located in the district and within 200
6-11 feet of a structure, appurtenance, or fixture. If the fire marshal
6-12 determines the presence of a fire hazard, the fire marshal may
6-13 order the owner or occupant of the premises to correct the
6-14 hazardous situation.
6-15 Sec. 775.112. RECORDS. The fire marshal shall keep a record
6-16 of each fire that the fire marshal is required to investigate. The
6-17 record must include the facts, statistics, and circumstances
6-18 determined by the investigation, including the origin of the fire
6-19 and the estimated amount of the loss.
6-20 Sec. 775.113. ADDITIONAL INVESTIGATION POWERS. (a) If the
6-21 fire marshal determines that further investigation of a fire or of
6-22 an attempt to set a fire is necessary, the fire marshal may:
6-23 (1) subpoena witnesses to testify regarding the fire
6-24 or attempt;
6-25 (2) administer oaths to the witnesses;
6-26 (3) take and preserve written statements, including
7-1 statements under oath such as an affidavit or deposition; and
7-2 (4) require the production of a document or item
7-3 related to the investigation.
7-4 (b) As part of an investigation, the fire marshal may:
7-5 (1) conduct an investigation or examination in
7-6 private;
7-7 (2) exclude a person who is not under examination; and
7-8 (3) separate witnesses from each other until each
7-9 witness is examined.
7-10 Sec. 775.114. INSURANCE. (a) An action taken by the fire
7-11 marshal in the investigation of a fire does not affect the rights
7-12 of a policyholder or of an insurer regarding a loss caused by the
7-13 fire.
7-14 (b) The records of an investigation by the fire marshal
7-15 relating to the detection, investigation, or prosecution of a crime
7-16 may be admitted in evidence in the trial of a civil action unless
7-17 those records are subject to an exception under Sections
7-18 552.108(a)(1) and (b)(1), Government Code.
7-19 Sec. 775.115. COOPERATION WITH OTHER FIRE MARSHALS.
7-20 (a) The district fire marshal shall cooperate with the state fire
7-21 marshal to conduct:
7-22 (1) fire prevention activities;
7-23 (2) fire-fighting activities; and
7-24 (3) fire investigations.
7-25 (b) The district fire marshal shall aid or conduct an
7-26 investigation in a municipality or a county if requested by the
8-1 municipality or the county.
8-2 Sec. 775.116. ENFORCEMENT. (a) The fire marshal shall file
8-3 in court a complaint charging arson, attempted arson, conspiracy to
8-4 defraud, or any other related crime against a person the fire
8-5 marshal believes to be guilty.
8-6 (b) The fire marshal shall file charges in court against a
8-7 witness who refuses to cooperate with the investigation.
8-8 Sec. 775.117. SERVICE OF PROCESS. A constable or sheriff
8-9 may serve process under this subchapter. The process must be
8-10 signed by the fire marshal.
8-11 Sec. 775.118. CRIMINAL PENALTY; CONTEMPT OF FIRE
8-12 INVESTIGATION. (a) A person commits an offense if the person is a
8-13 witness in connection with an investigation by the fire marshal
8-14 and:
8-15 (1) refuses to be sworn;
8-16 (2) refuses to appear and testify; or
8-17 (3) fails to produce to the fire marshal any document
8-18 or item relating to an investigation under this subchapter.
8-19 (b) An offense under this section is a misdemeanor
8-20 punishable by a fine of not more than $25.
8-21 Sec. 775.119. CRIMINAL PENALTY; FAILURE TO COMPLY WITH
8-22 ORDER. (a) An owner or occupant of real property who is subject
8-23 to an order issued by the fire marshal commits an offense if the
8-24 person fails to comply with the order.
8-25 (b) An offense under this section is a Class B misdemeanor.
8-26 (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
9-3 by 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
10-1 provide hazardous materials services, including a response to an
10-2 incident involving hazardous material that has been:
10-3 (1) leaked, spilled, or otherwise released; or
10-4 (2) abandoned.
10-5 Sec. 775.153. FEE FOR PROVIDING HAZARDOUS MATERIALS SERVICE;
10-6 EXCEPTION. (a) A district, or a person authorized by contract on
10-7 the district's behalf, may charge a reasonable fee to a responsible
10-8 party for responding to a hazardous materials service call.
10-9 (b) An individual who is a responsible party does not have
10-10 to pay the fee if:
10-11 (1) the individual is not involved in the possession,
10-12 ownership, or transportation of the hazardous material as the
10-13 employee, agent, or servant of another person;
10-14 (2) the individual is involved solely for private,
10-15 noncommercial purposes related to the individual's own property and
10-16 the individual receives no compensation for any services involving
10-17 the hazardous materials; and
10-18 (3) the hazardous materials possessed, owned, or being
10-19 transported by the individual are in forms, quantities, and
10-20 containers ordinarily available for sale as consumer products to
10-21 members of the general public.
10-22 Sec. 775.154. EXEMPTION FOR GOVERNMENTAL ENTITIES. This
10-23 subchapter does not apply to hazardous materials owned or possessed
10-24 by a governmental entity.
10-25 SECTION 7. Article 2.12, Code of Criminal Procedure, as
10-26 amended by Chapters 90, 322, 882, and 974, Acts of the 76th
11-1 Legislature, Regular Session, 1999, is amended to read as follows:
11-2 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
11-3 officers:
11-4 (1) sheriffs, their deputies, and those reserve
11-5 deputies who hold a permanent peace officer license issued under
11-6 Chapter 1701, Occupations [415, Government] Code;
11-7 (2) constables, deputy constables, and those reserve
11-8 deputy constables who hold a permanent peace officer license issued
11-9 under Chapter 1701, Occupations [415, Government] Code;
11-10 (3) marshals or police officers of an incorporated
11-11 city, town, or village, and those reserve municipal police officers
11-12 who hold a permanent peace officer license issued under Chapter
11-13 1701, Occupations [415, Government] Code;
11-14 (4) rangers and officers commissioned by the Public
11-15 Safety Commission and the Director of the Department of Public
11-16 Safety;
11-17 (5) investigators of the district attorneys', criminal
11-18 district attorneys', and county attorneys' offices;
11-19 (6) law enforcement agents of the Texas Alcoholic
11-20 Beverage Commission;
11-21 (7) each member of an arson investigating unit
11-22 commissioned by a city, a county, or the state;
11-23 (8) officers commissioned under Section 37.081,
11-24 Education Code, or Subchapter E, Chapter 51, Education Code;
11-25 (9) officers commissioned by the General Services
11-26 Commission;
12-1 (10) law enforcement officers commissioned by the
12-2 Parks and Wildlife Commission;
12-3 (11) airport police officers commissioned by a city
12-4 with a population of more than one million[, according to the most
12-5 recent federal census,] that operates an airport that serves
12-6 commercial air carriers;
12-7 (12) airport security personnel commissioned as peace
12-8 officers by the governing body of any political subdivision of this
12-9 state, other than a city described by Subdivision (11), that
12-10 operates an airport that serves commercial air carriers;
12-11 (13) municipal park and recreational patrolmen and
12-12 security officers;
12-13 (14) security officers commissioned as peace officers
12-14 by the comptroller;
12-15 (15) officers commissioned by a water control and
12-16 improvement district under Section 49.216, Water Code;
12-17 (16) officers commissioned by a board of trustees
12-18 under Chapter 54, Transportation Code [341, Acts of the 57th
12-19 Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas
12-20 Civil Statutes)];
12-21 (17) investigators commissioned by the Texas State
12-22 Board of Medical Examiners;
12-23 (18) officers commissioned by the board of managers of
12-24 the Dallas County Hospital District, the Tarrant County Hospital
12-25 District, or the Bexar County Hospital District under Section
12-26 281.057, Health and Safety Code;
13-1 (19) county park rangers commissioned under Subchapter
13-2 E, Chapter 351, Local Government Code;
13-3 (20) investigators employed by the Texas Racing
13-4 Commission;
13-5 (21) officers commissioned under Chapter 554,
13-6 Occupations Code [by the State Board of Pharmacy];
13-7 (22) officers commissioned by the governing body of a
13-8 metropolitan rapid transit authority under Section 451.108,
13-9 Transportation Code, or by a regional transportation authority
13-10 under Section 452.110, Transportation Code;
13-11 (23) investigators commissioned by the attorney
13-12 general under Section 402.009, Government Code;
13-13 (24) security officers and investigators commissioned
13-14 as peace officers under Chapter 466, Government Code;
13-15 (25) an officer employed by the Texas Department of
13-16 Health under Section 431.2471, Health and Safety Code;
13-17 (26) officers appointed by an appellate court under
13-18 Subchapter F, Chapter 53, Government Code;
13-19 (27) officers commissioned by the state fire marshal
13-20 under Chapter 417, Government Code;
13-21 (28) an investigator commissioned by the commissioner
13-22 of insurance under Article 1.10D, Insurance Code;
13-23 (29) apprehension specialists commissioned by the
13-24 Texas Youth Commission as officers under Section 61.0931, Human
13-25 Resources Code; [and]
13-26 (30) officers appointed by the executive director of
14-1 the Texas Department of Criminal Justice under Section 493.019,
14-2 Government Code; [.]
14-3 (31) [(30)] investigators commissioned by the
14-4 Commission on Law Enforcement Officer Standards and Education under
14-5 Section 1701.160, Occupations [415.016, Government] Code;[.]
14-6 (32) commission [(30) board] investigators
14-7 commissioned by the Texas Commission on Private Security under
14-8 Section 1702.061(f), Occupations Code; and
14-9 (33) the fire marshal, and any investigators
14-10 commissioned by an emergency services district to assist that fire
14-11 marshal, under Subchapter F, Chapter 775, Health and Safety Code
14-12 [10(f), Private Investigators and Private Security Agencies Act
14-13 (Article 4413(29bb), Vernon's Texas Civil Statutes)].
14-14 SECTION 8. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1167 passed the Senate on
April 24, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1167 passed the House on
May 8, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor