By Madla                                              S.B. No. 1167
         77R5676 MXM-F                           
                                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 another political subdivision that also contains within
2-27     its boundaries any portion of the land contained in the district
 3-1     and may require inspections in the district relating to the causes
 3-2     and prevention of fires and medical emergencies, except as provided
 3-3     by Section 775.031(b).  The board may not enforce the district's
 3-4     fire code within the boundaries of a municipality that has adopted
 3-5     a fire code.  The board of a district located wholly within a
 3-6     county with a population of three [2.4] million or more may not
 3-7     adopt a fire code or a fine for a violation of the district's fire
 3-8     code unless the commissioners court of the county consents to the
 3-9     adoption of the code or fine.
3-10           SECTION 5. Sections 775.0741(a) and (c), Health and Safety
3-11     Code, are amended to read as follows:
3-12           (a)  This section applies only to a district located wholly
3-13     in a county with a population of more than three [2.4] million.
3-14           (c)  The tax may not exceed three cents on each $100 of the
3-15     taxable value of property taxable by the district.  If the district
3-16     was originally a rural fire prevention district and was converted
3-17     under Section 794.100, the tax may not exceed 10 [six] cents on
3-18     each $100 of the taxable value of property taxable by the district.
3-19           SECTION 6. Chapter 775, Health and Safety Code, is amended by
3-20     adding Subchapter F to read as follows:
3-21                         SUBCHAPTER F. FIRE MARSHAL
3-22           Sec. 775.101.  CREATION. (a)  A district may create the
3-23     office of district fire marshal if a county in which the district
3-24     is located does not have a county fire marshal.
3-25           (b)  The district shall appoint an individual to serve in the
3-26     office of fire marshal.
3-27           Sec. 775.102.  TERM. The fire marshal serves a two-year term.
 4-1           Sec. 775.103.  BOND. The fire marshal shall post a bond in
 4-2     the amount required by the district and conditioned on the faithful
 4-3     and strict performance of the fire marshal's duties under this
 4-4     subchapter.
 4-5           Sec. 775.104.  CONFLICT OF INTEREST. The fire marshal may
 4-6     not:
 4-7                 (1)  have a direct or indirect financial interest in
 4-8     the sale of fire-fighting equipment; or
 4-9                 (2)  be engaged in the business of fire insurance.
4-10           Sec. 775.105.  ADMINISTRATIVE SUPPORT. The district may
4-11     provide facilities, equipment, transportation, employees, and other
4-12     services and assistance to the fire marshal, including
4-13     investigators.
4-14           Sec. 775.106.  JURISDICTION. Except as provided by Section
4-15     775.107 or 775.115, the fire marshal may not exercise the powers
4-16     granted under this subchapter in:
4-17                 (1)  the territory of a municipality that has a
4-18     municipal fire marshal; or
4-19                 (2)  the territory of a county that has a county fire
4-20     marshal.
4-21           Sec. 775.107.  TRANSFER OF JURISDICTION. (a)  This section
4-22     applies if:
4-23                 (1)  a county in which a district is located creates a
4-24     county fire marshal under Subchapter B, Chapter 352, Local
4-25     Government Code; or
4-26                 (2)  a municipality located in the district creates a
4-27     municipal fire marshal.
 5-1           (b)  Not later than the 30th day after the creation of the
 5-2     county or municipal fire marshal, the jurisdiction of the district
 5-3     fire marshal in that county or municipality ceases.  The new county
 5-4     or municipal fire marshal shall assume control over any pending
 5-5     investigations, court proceedings, or other matters being handled
 5-6     by the district fire marshal in the county or municipality.
 5-7           Sec. 775.108.  GENERAL POWERS AND DUTIES. The fire marshal
 5-8     shall:
 5-9                 (1)  investigate the cause, origin, and circumstances
5-10     of each fire that damages property;
5-11                 (2)  determine whether the fire was caused by negligent
5-12     or intentional conduct; and
5-13                 (3)  enforce all state, county, and district orders and
5-14     rules that relate to fires, explosions, or damages caused by a fire
5-15     or an explosion.
5-16           Sec. 775.109.  INVESTIGATIONS. (a)  The fire marshal shall
5-17     begin an investigation within 24 hours after notification of a
5-18     fire.  The 24-hour period does not include Sunday.
5-19           (b)  The fire marshal may investigate attempted fires.
5-20           Sec. 775.110.  INSPECTION. (a)  The fire marshal may, at any
5-21     time of day, enter and inspect:
5-22                 (1)  property where a fire has occurred; and
5-23                 (2)  property adjacent to where a fire occurred.
5-24           (b)  The fire marshal shall conduct this inspection in a
5-25     manner least inconvenient to any persons living on the property.
5-26           Sec. 775.111.  INSPECTION FOR FIRE HAZARDS. (a)  In this
5-27     section, "fire hazard" means any of the following conditions that
 6-1     endanger the safety of a structure or its occupants and promote or
 6-2     cause fire or combustion:
 6-3                 (1)  the presence of a flammable substance;
 6-4                 (2)  a dangerous or dilapidated wall, ceiling, or other
 6-5     structural element;
 6-6                 (3)  improper lighting, heating, or other facilities;
 6-7                 (4)  the presence of a dangerous chimney, flue, pipe,
 6-8     main, or stove, or of dangerous wiring; or
 6-9                 (5)  dangerous storage.
6-10           (b)  In the interest of safety and fire prevention, the fire
6-11     marshal may inspect for fire hazards any structure, appurtenance,
6-12     fixture, or real property located in the district and within 200
6-13     feet of a structure, appurtenance, or fixture.  If the fire marshal
6-14     determines the presence of a fire hazard, the fire marshal may
6-15     order the owner or occupant of the premises to correct the
6-16     hazardous situation.
6-17           Sec. 775.112.  RECORDS. The fire marshal shall keep a record
6-18     of each fire that the fire marshal is required to investigate.  The
6-19     record must include the facts, statistics, and circumstances
6-20     determined by the investigation, including the origin of the fire
6-21     and the estimated amount of the loss.
6-22           Sec. 775.113.  ADDITIONAL INVESTIGATION POWERS. (a)  If the
6-23     fire marshal determines that further investigation of a fire or of
6-24     an attempt to set a fire is necessary, the fire marshal may:
6-25                 (1)  subpoena witnesses to testify regarding the fire
6-26     or attempt;
6-27                 (2)  administer oaths to the witnesses;
 7-1                 (3)  take and preserve written statements, including
 7-2     statements under oath such as an affidavit or deposition; and
 7-3                 (4)  require the production of a document or item
 7-4     related to the investigation.
 7-5           (b)  As part of an investigation, the fire marshal may:
 7-6                 (1)  conduct an investigation or examination in
 7-7     private;
 7-8                 (2)  exclude a person who is not under examination; and
 7-9                 (3)  separate witnesses from each other until each
7-10     witness is examined.
7-11           Sec. 775.114.  INSURANCE. (a)  An action taken by the fire
7-12     marshal in the investigation of  fire does not affect the rights of
7-13     a policyholder or of an insurer  regarding a loss caused by the
7-14     fire.
7-15           (b)  The results of an investigation by the fire marshal of a
7-16     fire may not be admitted in evidence in the trial of a civil action
7-17     brought under an insurance policy.
7-18           (c)  The statement of an insurer, of the insurer's officers,
7-19     agents, or adjusters, or of a policyholder or the policyholder's
7-20     representative made to the fire marshal or the fire marshal's
7-21     representative regarding the cause of a fire may not be admitted in
7-22     evidence or made the basis of a civil action for damages.
7-23           Sec. 775.115.  COOPERATION WITH OTHER FIRE MARSHALS. (a)  The
7-24     district fire marshal shall cooperate with the state fire marshal
7-25     to conduct:
7-26                 (1)  fire prevention activities;
7-27                 (2)  fire-fighting activities; and
 8-1                 (3)  fire investigations.
 8-2           (b)  The district fire marshal shall aid or conduct an
 8-3     investigation in a municipality or a county if requested by the
 8-4     municipality or the county.
 8-5           Sec. 775.116.  LIMIT ON LIABILITY. The fire marshal and any
 8-6     district employees assisting the fire marshal are not liable for
 8-7     any acts or omissions in the performance of their duties, except
 8-8     for gross negligence or wilful malfeasance.
 8-9           Sec. 775.117.  ENFORCEMENT. (a)  The fire marshal shall file
8-10     in court a complaint charging arson, attempted arson, conspiracy to
8-11     defraud, or any other related crime against a person the fire
8-12     marshal believes to be guilty.
8-13           (b)  The fire marshal shall file charges in court against a
8-14     witness who refuses to cooperate with the investigation.
8-15           Sec. 775.118.  SERVICE OF PROCESS. A constable or sheriff may
8-16     serve process under this subchapter.  The process must be signed by
8-17     the fire marshal.
8-18           Sec. 775.119.  CRIMINAL PENALTY; CONTEMPT OF FIRE
8-19     INVESTIGATION. (a)  A person commits an offense if the person is a
8-20     witness in connection with an investigation by the fire marshal
8-21     and:
8-22                 (1)  refuses to be sworn;
8-23                 (2)  refuses to appear and testify; or
8-24                 (3)  fails to produce to the fire marshal any document
8-25     or item relating to an investigation under this subchapter.
8-26           (b)  An offense under this section is a misdemeanor
8-27     punishable by a fine of not more than $25.
 9-1           Sec. 775.120.  CRIMINAL PENALTY; FAILURE TO COMPLY WITH
 9-2     ORDER. (a)  An owner or occupant of real property who is subject to
 9-3     an order issued by the fire marshal commits an offense if the
 9-4     person fails to comply with the order.
 9-5           (b)  An offense under this section is a Class B misdemeanor.
 9-6           (c)  Each failure to comply with an order is a separate
 9-7     offense.
 9-8           SECTION 7. Chapter 775, Health and Safety Code, is amended by
 9-9     adding Subchapter G to read as follows:
9-10                     SUBCHAPTER G.  HAZARDOUS MATERIALS
9-11           Sec. 775.151.  DEFINITIONS. In this subchapter:
9-12                 (1)  "Hazardous material" means a flammable material,
9-13     an explosive, a radioactive material, a hazardous waste, a toxic
9-14     substance, or related material, including a substance defined as a
9-15     "hazardous substance," "hazardous material," "toxic substance," or
9-16     "solid waste" under:
9-17                       (A)  the federal Comprehensive Environmental
9-18     Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9-19     Section 9601 et seq.), as amended;
9-20                       (B)  the federal Resource Conservation and
9-21     Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), as amended;
9-22                       (C)  the federal Toxic Substances Control Act (15
9-23     U.S.C. Section 2601 et seq.), as amended; or
9-24                       (D)  Chapter 361.
9-25                 (2)  "Responsible party" means a person:
9-26                       (A)  involved in the possession, ownership, or
9-27     transportation of a hazardous material that is released or
 10-1    abandoned; or
 10-2                      (B)  who has legal liability for the causation of
 10-3    an incident resulting in the release or abandonment of a hazardous
 10-4    material.
 10-5          Sec. 775.152.  HAZARDOUS MATERIALS SERVICE. A district may
 10-6    provide hazardous materials services, including a response to an
 10-7    incident involving hazardous material that has been:
 10-8                (1)  leaked, spilled, or otherwise released; or
 10-9                (2)  abandoned.
10-10          Sec. 775.153.  FEE FOR PROVIDING HAZARDOUS MATERIALS SERVICE;
10-11    EXCEPTION. (a)  A district, or a person authorized by contract on
10-12    the district's behalf, may charge a reasonable fee to a responsible
10-13    party for responding to a hazardous materials service call.
10-14          (b)  An individual who is a responsible party does not have
10-15    to pay the fee if:
10-16                (1)  the individual is not involved in the possession,
10-17    ownership, or transportation of the hazardous material as the
10-18    employee, agent, or servant of another person;
10-19                (2)  the individual is involved solely for private,
10-20    noncommercial purposes related to the individual's own property,
10-21    and the individual receives no compensation for any services
10-22    involving the hazardous materials; and
10-23                (3)  the hazardous materials possessed, owned, or being
10-24    transported by the individual are in forms, quantities, and
10-25    containers ordinarily available for sale as consumer products to
10-26    members of the general public.
10-27          Sec. 775.154.  EXEMPTION FOR GOVERNMENTAL ENTITIES. This
 11-1    subchapter does not apply to hazardous materials owned or possessed
 11-2    by a governmental entity.
 11-3          SECTION 8. Article 2.12, Code of Criminal Procedure, as
 11-4    amended by Chapters 90, 322, 882, and 974, Acts of the 76th
 11-5    Legislature, Regular Session, 1999, is amended to read as follows:
 11-6          Art. 2.12.  WHO ARE PEACE OFFICERS. The following are peace
 11-7    officers:
 11-8                (1)  sheriffs, their deputies, and those reserve
 11-9    deputies who hold a permanent peace officer license issued under
11-10    Chapter 1701, Occupations [415, Government] Code;
11-11                (2)  constables, deputy constables, and those reserve
11-12    deputy constables who hold a permanent peace officer license issued
11-13    under Chapter 1701, Occupations [415, Government] Code;
11-14                (3)  marshals or police officers of an incorporated
11-15    city, town, or village, and those reserve municipal police officers
11-16    who hold a permanent peace officer license issued under Chapter
11-17    1701, Occupations [415, Government] Code;
11-18                (4)  rangers and officers commissioned by the Public
11-19    Safety Commission and the Director of the Department of Public
11-20    Safety;
11-21                (5)  investigators of the district attorneys', criminal
11-22    district attorneys', and county attorneys' offices;
11-23                (6)  law enforcement agents of the Texas Alcoholic
11-24    Beverage Commission;
11-25                (7)  each member of an arson investigating unit
11-26    commissioned by a city, a county, or the state;
11-27                (8)  officers commissioned under  Section 37.081,
 12-1    Education Code, or Subchapter E, Chapter 51, Education Code;
 12-2                (9)  officers commissioned by the General Services
 12-3    Commission;
 12-4                (10)  law enforcement officers commissioned by the
 12-5    Parks and Wildlife Commission;
 12-6                (11)  airport police officers commissioned by a city
 12-7    with a population of more than one million[, according to the most
 12-8    recent federal census,] that operates an airport that serves
 12-9    commercial air carriers;
12-10                (12)  airport security personnel commissioned as peace
12-11    officers by the governing body of any political subdivision of this
12-12    state, other than a city described by Subdivision (11), that
12-13    operates an airport that serves commercial air carriers;
12-14                (13)  municipal park and recreational patrolmen and
12-15    security officers;
12-16                (14)  security officers commissioned as peace officers
12-17    by the comptroller;
12-18                (15)  officers commissioned by a water control and
12-19    improvement district under Section 49.216, Water Code;
12-20                (16)  officers commissioned by a board of trustees
12-21    under Chapter 54, Transportation Code [341, Acts of the 57th
12-22    Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas
12-23    Civil Statutes)];
12-24                (17)  investigators commissioned by the Texas State
12-25    Board of Medical Examiners;
12-26                (18)  officers commissioned by the board of managers of
12-27    the Dallas County Hospital District, the Tarrant County Hospital
 13-1    District, or the Bexar County Hospital District under Section
 13-2    281.057, Health and Safety Code;
 13-3                (19)  county park rangers commissioned under Subchapter
 13-4    E, Chapter 351, Local Government Code;
 13-5                (20)  investigators employed by the Texas Racing
 13-6    Commission;
 13-7                (21)  officers commissioned under Chapter 554,
 13-8    Occupations Code [by the State Board of Pharmacy];
 13-9                (22)  officers commissioned by the governing body of a
13-10    metropolitan rapid transit authority under Section 451.108,
13-11    Transportation Code, or by a regional transportation authority
13-12    under Section 452.110, Transportation Code;
13-13                (23)  investigators commissioned by the attorney
13-14    general under Section 402.009, Government Code;
13-15                (24)  security officers and investigators commissioned
13-16    as peace officers under Chapter 466, Government Code;
13-17                (25)  an officer employed by the Texas Department of
13-18    Health under Section 431.2471, Health and Safety Code;
13-19                (26)  officers appointed by an appellate court under
13-20    Subchapter F, Chapter 53, Government Code;
13-21                (27)  officers commissioned by the state fire marshal
13-22    under Chapter 417, Government Code;
13-23                (28)  an investigator commissioned by the commissioner
13-24    of insurance under Article 1.10D, Insurance Code;
13-25                (29)  apprehension specialists commissioned by the
13-26    Texas Youth Commission as officers under Section 61.0931, Human
13-27    Resources Code; [and]
 14-1                (30)  officers appointed by the executive director of
 14-2    the Texas Department of Criminal Justice under Section 493.019,
 14-3    Government Code; [.]
 14-4                (31) [(30)]  investigators commissioned by the
 14-5    Commission on Law Enforcement Officer Standards and Education under
 14-6    Section 1701.160, Occupations [415.016, Government] Code;[.]
 14-7                (32)  commission [(30) board] investigators
 14-8    commissioned by the Texas Commission on Private Security under
 14-9    Section 1702.061(f), Occupations Code; and
14-10                (33)  the fire marshal, and any investigators
14-11    commissioned by an emergency services district to assist that fire
14-12    marshal, under Subchapter F, Chapter 775, Health and Safety Code
14-13    [10(f), Private Investigators and Private Security Agencies Act
14-14    (Article 4413(29bb), Vernon's Texas Civil Statutes)].
14-15          SECTION 9. This Act takes effect September 1, 2001.