1-1     By:  Madla                                            S.B. No. 1167
 1-2           (In the Senate - Filed March 6, 2001; March 8, 2001, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 2, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 5, Nays 0;
 1-6     April 2, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1167                   By:  Madla
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the administration, powers, duties, and operations of
1-11     certain emergency services districts; providing criminal penalties.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsection (c), Section 775.031, Health and
1-14     Safety Code, is amended to read as follows:
1-15           (c)  A district may contract with the state or a political
1-16     subdivision for law enforcement services.  Except as provided by
1-17     Subchapter F, a [A] district may not commission a peace officer or
1-18     employ a person as a peace officer.
1-19           SECTION 2.  Section 775.034, Health and Safety Code, is
1-20     amended to read as follows:
1-21           Sec. 775.034.  APPOINTMENT OF BOARD IN DISTRICT LOCATED
1-22     WHOLLY IN ONE COUNTY.  (a)  The commissioners court of a county in
1-23     which a single-county district is located shall appoint a
1-24     five-member board of emergency services commissioners to serve as
1-25     the district's governing body.  To [be qualified to] serve as a
1-26     member of the board a person must be:
1-27                 (1)  at least 18 years of age; and
1-28                 (2)  [,] a resident citizen of the state[,] and:
1-29                       (A)  a qualified voter within areas served by the
1-30     district; or
1-31                       (B)  the owner of land subject to taxation in the
1-32     district.
1-33           (b)  Except as prescribed by Subsection (c) [(b)],
1-34     commissioners serve two-year terms.
1-35           (c) [(b)]  After the votes are canvassed and the
1-36     commissioners court enters the order creating the district, the
1-37     commissioners court shall appoint the initial emergency services
1-38     commissioners to serve until January 1 of the year following the
1-39     district election.  On January 1, the court shall designate three
1-40     of those emergency services commissioners to serve a two-year term
1-41     and two of those emergency services commissioners to serve a
1-42     one-year term.
1-43           (d) [(c)]  On January 1 of each year, the commissioners court
1-44     shall appoint a successor for each emergency services commissioner
1-45     whose term has expired.
1-46           (e) [(d)]  The commissioners court shall fill a vacancy on
1-47     the board for the remainder of the unexpired term.
1-48           SECTION 3.  Section 775.035, Health and Safety Code, is
1-49     amended by adding Subsection (i) to read as follows:
1-50           (i)  Subchapter C, Chapter 146, Election Code, applies to a
1-51     write-in candidate for emergency services commissioner under this
1-52     section in the same manner it applies to a write-in candidate for a
1-53     city office under that subchapter.
1-54           SECTION 4.  Subsection (b), Section 775.036, Health and
1-55     Safety Code, is amended to read as follows:
1-56           (b)  The board may adopt and enforce a fire code, including
1-57     fines for any violations, that does not conflict with a fire code
1-58     adopted by any county [another political subdivision] that also
1-59     contains within its boundaries any portion of the land contained in
1-60     the district and may require inspections in the district relating
1-61     to the causes and prevention of fires and medical emergencies,
1-62     except as provided by Section 775.031(b).  The board may not
1-63     enforce the district's fire code within the boundaries of a
1-64     municipality that has adopted a fire code.  The board of a district
 2-1     located wholly within a county with a population of three [2.4]
 2-2     million or more may not adopt a fire code or a fine for a violation
 2-3     of the district's fire code unless the commissioners court of the
 2-4     county consents to the adoption of the code or fine.
 2-5           SECTION 5.  Chapter 775, Health and Safety Code, is amended
 2-6     by adding Subchapter F to read as follows:
 2-7                         SUBCHAPTER F.  FIRE MARSHAL
 2-8           Sec. 775.101.  CREATION.  (a)  A district may create the
 2-9     office of district fire marshal if a county in which the district
2-10     is located does not have a county fire marshal.
2-11           (b)  The district shall appoint an individual to serve in the
2-12     office of fire marshal.
2-13           Sec. 775.102.  TERM.  The fire marshal serves a two-year
2-14     term.
2-15           Sec. 775.103.  BOND.  The fire marshal shall post a bond in
2-16     the amount required by the district and conditioned on the faithful
2-17     and strict performance of the fire marshal's duties under this
2-18     subchapter.
2-19           Sec. 775.104.  CONFLICT OF INTEREST.  The fire marshal may
2-20     not:
2-21                 (1)  have a direct or indirect financial interest in
2-22     the sale of fire-fighting equipment; or
2-23                 (2)  be engaged in the business of fire insurance.
2-24           Sec. 775.105.  ADMINISTRATIVE SUPPORT.  The district may
2-25     provide facilities, equipment, transportation, employees, and other
2-26     services and assistance to the fire marshal, including
2-27     investigators.
2-28           Sec. 775.106.  JURISDICTION.  (a)  Except as provided by
2-29     Section 775.107 or 775.115, the fire marshal may not exercise the
2-30     powers granted under this subchapter in:
2-31                 (1)  the territory of a municipality that has a
2-32     municipal fire marshal; or
2-33                 (2)  the territory of a county that has a county fire
2-34     marshal.
2-35           (b)  This subchapter does not change or otherwise limit the
2-36     authority of any state agency to prevent and extinguish forest and
2-37     grass fires.
2-38           Sec. 775.107.  TRANSFER OF JURISDICTION.  (a)  This section
2-39     applies if:
2-40                 (1)  a county in which a district is located creates a
2-41     county fire marshal under Subchapter B, Chapter 352, Local
2-42     Government Code; or
2-43                 (2)  a municipality located in the district creates a
2-44     municipal fire marshal.
2-45           (b)  Not later than the 30th day after the creation of the
2-46     county or municipal fire marshal, the jurisdiction of the district
2-47     fire marshal in that county or municipality ceases.  The new county
2-48     or municipal fire marshal shall assume control over any pending
2-49     investigations, court proceedings, or other matters being handled
2-50     by the district fire marshal in the county or municipality.
2-51           Sec. 775.108.  GENERAL POWERS AND DUTIES.  The fire marshal
2-52     shall:
2-53                 (1)  investigate the cause, origin, and circumstances
2-54     of each fire that damages property;
2-55                 (2)  determine whether the fire was caused by negligent
2-56     or intentional conduct; and
2-57                 (3)  enforce all state, county, and district orders and
2-58     rules that relate to fires, explosions, or damages caused by a fire
2-59     or an explosion.
2-60           Sec. 775.109.  INVESTIGATIONS.  (a)  The fire marshal shall
2-61     begin an investigation within 24 hours after notification of a
2-62     fire.  The 24-hour period does not include Sunday.
2-63           (b)  The fire marshal may investigate attempted fires.
2-64           Sec. 775.110.  INSPECTION.  (a)  The fire marshal may, at any
2-65     time of day, enter and inspect:
2-66                 (1)  property where a fire has occurred; and
2-67                 (2)  property adjacent to where a fire occurred.
2-68           (b)  The fire marshal shall conduct this inspection in a
2-69     manner least inconvenient to any persons living on the property.
 3-1           Sec. 775.111.  INSPECTION FOR FIRE HAZARDS.  (a)  In this
 3-2     section, "fire hazard" means any of the following conditions that
 3-3     endanger the safety of a structure or its occupants and promote or
 3-4     cause fire or combustion:
 3-5                 (1)  the presence of a flammable substance;
 3-6                 (2)  a dangerous or dilapidated wall, ceiling, or other
 3-7     structural element;
 3-8                 (3)  improper lighting, heating, or other facilities;
 3-9                 (4)  the presence of a dangerous chimney, flue, pipe,
3-10     main, or stove, or of dangerous wiring; or
3-11                 (5)  dangerous storage.
3-12           (b)  In the interest of safety and fire prevention, the fire
3-13     marshal may inspect for fire hazards any structure, appurtenance,
3-14     fixture, or real property located in the district and within 200
3-15     feet of a structure, appurtenance, or fixture.  If the fire marshal
3-16     determines the presence of a fire hazard, the fire marshal may
3-17     order the owner or occupant of the premises to correct the
3-18     hazardous situation.
3-19           Sec. 775.112.  RECORDS.  The fire marshal shall keep a record
3-20     of each fire that the fire marshal is required to investigate.  The
3-21     record must include the facts, statistics, and circumstances
3-22     determined by the investigation, including the origin of the fire
3-23     and the estimated amount of the loss.
3-24           Sec. 775.113.  ADDITIONAL INVESTIGATION POWERS.  (a)  If the
3-25     fire marshal determines that further investigation of a fire or of
3-26     an attempt to set a fire is necessary, the fire marshal may:
3-27                 (1)  subpoena witnesses to testify regarding the fire
3-28     or attempt;
3-29                 (2)  administer oaths to the witnesses;
3-30                 (3)  take and preserve written statements, including
3-31     statements under oath such as an affidavit or deposition; and
3-32                 (4)  require the production of a document or item
3-33     related to the investigation.
3-34           (b)  As part of an investigation, the fire marshal may:
3-35                 (1)  conduct an investigation or examination in
3-36     private;
3-37                 (2)  exclude a person who is not under examination; and
3-38                 (3)  separate witnesses from each other until each
3-39     witness is examined.
3-40           Sec. 775.114.  INSURANCE.  (a)  An action taken by the fire
3-41     marshal in the investigation of a fire does not affect the rights
3-42     of a policyholder or of an insurer regarding a loss caused by the
3-43     fire.
3-44           (b)  The results of an investigation by the fire marshal of a
3-45     fire may not be admitted in evidence in the trial of a civil action
3-46     brought under an insurance policy.
3-47           (c)  The statement of an insurer, of the insurer's officers,
3-48     agents, or adjusters, or of a policyholder or the policyholder's
3-49     representative made to the fire marshal or the fire marshal's
3-50     representative regarding the cause of a fire may not be admitted in
3-51     evidence or made the basis of a civil action for damages.
3-52           Sec. 775.115.  COOPERATION WITH OTHER FIRE MARSHALS.
3-53     (a)  The district fire marshal shall cooperate with the state fire
3-54     marshal to conduct:
3-55                 (1)  fire prevention activities;
3-56                 (2)  fire-fighting activities; and
3-57                 (3)  fire investigations.
3-58           (b)  The district fire marshal shall aid or conduct an
3-59     investigation in a municipality or a county if requested by the
3-60     municipality or the county.
3-61           Sec. 775.116.  LIMIT ON LIABILITY.  The fire marshal and any
3-62     district employees assisting the fire marshal are not liable for
3-63     any acts or omissions in the performance of their duties, except
3-64     for gross negligence or wilful malfeasance.
3-65           Sec. 775.117.  ENFORCEMENT.  (a)  The fire marshal shall file
3-66     in court a complaint charging arson, attempted arson, conspiracy to
3-67     defraud, or any other related crime against a person the fire
3-68     marshal believes to be guilty.
3-69           (b)  The fire marshal shall file charges in court against a
 4-1     witness who refuses to cooperate with the investigation.
 4-2           Sec. 775.118.  SERVICE OF PROCESS.  A constable or sheriff
 4-3     may serve process under this subchapter.  The process must be
 4-4     signed by the fire marshal.
 4-5           Sec. 775.119.  CRIMINAL PENALTY; CONTEMPT OF FIRE
 4-6     INVESTIGATION.  (a)  A person commits an offense if the person is a
 4-7     witness in connection with an investigation by the fire marshal
 4-8     and:
 4-9                 (1)  refuses to be sworn;
4-10                 (2)  refuses to appear and testify; or
4-11                 (3)  fails to produce to the fire marshal any document
4-12     or item relating to an investigation under this subchapter.
4-13           (b)  An offense under this section is a misdemeanor
4-14     punishable by a fine of not more than $25.
4-15           Sec. 775.120.  CRIMINAL PENALTY; FAILURE TO COMPLY WITH
4-16     ORDER.  (a)  An owner or occupant of real property who is subject
4-17     to an order issued by the fire marshal commits an offense if the
4-18     person fails to comply with the order.
4-19           (b)  An offense under this section is a Class B misdemeanor.
4-20           (c)  Each failure to comply with an order is a separate
4-21     offense.
4-22           SECTION 6.  Chapter 775, Health and Safety Code, is amended
4-23     by adding Subchapter G to read as follows:
4-24                     SUBCHAPTER G.  HAZARDOUS MATERIALS
4-25           Sec. 775.151.  DEFINITIONS.  In this subchapter:
4-26                 (1)  "Hazardous material" means a flammable material,
4-27     an explosive, a radioactive material, a hazardous waste, a toxic
4-28     substance, or related material, including a substance defined as a
4-29     "hazardous substance," "hazardous material," "toxic substance," or
4-30     "solid waste" under:
4-31                       (A)  the federal Comprehensive Environmental
4-32     Response, Compensation, and Liability Act of 1980 (42 U.S.C.
4-33     Section 9601 et seq.), as amended;
4-34                       (B)  the federal Resource Conservation and
4-35     Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), as amended;
4-36                       (C)  the federal Toxic Substances Control Act (15
4-37     U.S.C. Section 2601 et seq.), as amended; or
4-38                       (D)  Chapter 361.
4-39                 (2)  "Responsible party" means a person:
4-40                       (A)  involved in the possession, ownership, or
4-41     transportation of a hazardous material that is released or
4-42     abandoned; or
4-43                       (B)  who has legal liability for the causation of
4-44     an incident resulting in the release or abandonment of a hazardous
4-45     material.
4-46           Sec. 775.152.  HAZARDOUS MATERIALS SERVICE.  A district may
4-47     provide hazardous materials services, including a response to an
4-48     incident involving hazardous material that has been:
4-49                 (1)  leaked, spilled, or otherwise released; or
4-50                 (2)  abandoned.
4-51           Sec. 775.153.  FEE FOR PROVIDING HAZARDOUS MATERIALS SERVICE;
4-52     EXCEPTION.  (a)  A district, or a person authorized by contract on
4-53     the district's behalf, may charge a reasonable fee to a responsible
4-54     party for responding to a hazardous materials service call.
4-55           (b)  An individual who is a responsible party does not have
4-56     to pay the fee if:
4-57                 (1)  the individual is not involved in the possession,
4-58     ownership, or transportation of the hazardous material as the
4-59     employee, agent, or servant of another person;
4-60                 (2)  the individual is involved solely for private,
4-61     noncommercial purposes related to the individual's own property and
4-62     the individual receives no compensation for any services involving
4-63     the hazardous materials; and
4-64                 (3)  the hazardous materials possessed, owned, or being
4-65     transported by the individual are in forms, quantities, and
4-66     containers ordinarily available for sale as consumer products to
4-67     members of the general public.
4-68           Sec. 775.154.  EXEMPTION FOR GOVERNMENTAL ENTITIES.  This
4-69     subchapter does not apply to hazardous materials owned or possessed
 5-1     by a governmental entity.
 5-2           SECTION 7.  Article 2.12, Code of Criminal Procedure, as
 5-3     amended by Chapters 90, 322, 882, and 974, Acts of the 76th
 5-4     Legislature, Regular Session, 1999, is amended to read as follows:
 5-5           Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
 5-6     officers:
 5-7                 (1)  sheriffs, their deputies, and those reserve
 5-8     deputies who hold a permanent peace officer license issued under
 5-9     Chapter 1701, Occupations [415, Government] Code;
5-10                 (2)  constables, deputy constables, and those reserve
5-11     deputy constables who hold a permanent peace officer license issued
5-12     under Chapter 1701, Occupations [415, Government] Code;
5-13                 (3)  marshals or police officers of an incorporated
5-14     city, town, or village, and those reserve municipal police officers
5-15     who hold a permanent peace officer license issued under Chapter
5-16     1701, Occupations [415, Government] Code;
5-17                 (4)  rangers and officers commissioned by the Public
5-18     Safety Commission and the Director of the Department of Public
5-19     Safety;
5-20                 (5)  investigators of the district attorneys', criminal
5-21     district attorneys', and county attorneys' offices;
5-22                 (6)  law enforcement agents of the Texas Alcoholic
5-23     Beverage Commission;
5-24                 (7)  each member of an arson investigating unit
5-25     commissioned by a city, a county, or the state;
5-26                 (8)  officers commissioned under Section 37.081,
5-27     Education Code, or Subchapter E, Chapter 51, Education Code;
5-28                 (9)  officers commissioned by the General Services
5-29     Commission;
5-30                 (10)  law enforcement officers commissioned by the
5-31     Parks and Wildlife Commission;
5-32                 (11)  airport police officers commissioned by a city
5-33     with a population of more than one million[, according to the most
5-34     recent federal census,] that operates an airport that serves
5-35     commercial air carriers;
5-36                 (12)  airport security personnel commissioned as peace
5-37     officers by the governing body of any political subdivision of this
5-38     state, other than a city described by Subdivision (11), that
5-39     operates an airport that serves commercial air carriers;
5-40                 (13)  municipal park and recreational patrolmen and
5-41     security officers;
5-42                 (14)  security officers commissioned as peace officers
5-43     by the comptroller;
5-44                 (15)  officers commissioned by a water control and
5-45     improvement district under Section 49.216, Water Code;
5-46                 (16)  officers commissioned by a board of trustees
5-47     under Chapter 54, Transportation Code [341, Acts of the 57th
5-48     Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas
5-49     Civil Statutes)];
5-50                 (17)  investigators commissioned by the Texas State
5-51     Board of Medical Examiners;
5-52                 (18)  officers commissioned by the board of managers of
5-53     the Dallas County Hospital District, the Tarrant County Hospital
5-54     District, or the Bexar County Hospital District under Section
5-55     281.057, Health and Safety Code;
5-56                 (19)  county park rangers commissioned under Subchapter
5-57     E, Chapter 351, Local Government Code;
5-58                 (20)  investigators employed by the Texas Racing
5-59     Commission;
5-60                 (21)  officers commissioned under Chapter 554,
5-61     Occupations Code [by the State Board of Pharmacy];
5-62                 (22)  officers commissioned by the governing body of a
5-63     metropolitan rapid transit authority under Section 451.108,
5-64     Transportation Code, or by a regional transportation authority
5-65     under Section 452.110, Transportation Code;
5-66                 (23)  investigators commissioned by the attorney
5-67     general under Section 402.009, Government Code;
5-68                 (24)  security officers and investigators commissioned
5-69     as peace officers under Chapter 466, Government Code;
 6-1                 (25)  an officer employed by the Texas Department of
 6-2     Health under Section 431.2471, Health and Safety Code;
 6-3                 (26)  officers appointed by an appellate court under
 6-4     Subchapter F, Chapter 53, Government Code;
 6-5                 (27)  officers commissioned by the state fire marshal
 6-6     under Chapter 417, Government Code;
 6-7                 (28)  an investigator commissioned by the commissioner
 6-8     of insurance under Article 1.10D, Insurance Code;
 6-9                 (29)  apprehension specialists commissioned by the
6-10     Texas Youth Commission as officers under Section 61.0931, Human
6-11     Resources Code; [and]
6-12                 (30)  officers appointed by the executive director of
6-13     the Texas Department of Criminal Justice under Section 493.019,
6-14     Government Code; [.]
6-15                 (31) [(30)]  investigators commissioned by the
6-16     Commission on Law Enforcement Officer Standards and Education under
6-17     Section 1701.160, Occupations [415.016, Government] Code;[.]
6-18                 (32)  commission [(30) board] investigators
6-19     commissioned by the Texas Commission on Private Security under
6-20     Section 1702.061(f), Occupations Code; and
6-21                 (33)  the fire marshal, and any investigators
6-22     commissioned by an emergency services district to assist that fire
6-23     marshal, under Subchapter F, Chapter 775, Health and Safety Code
6-24     [10(f), Private Investigators and Private Security Agencies Act
6-25     (Article 4413(29bb), Vernon's Texas Civil Statutes)].
6-26           SECTION 8.  This Act takes effect September 1, 2001.
6-27                                  * * * * *