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 * * * * *