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.