SRC-JLB S.B. 1022 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1022
By: Madla
Intergovernmental Relations
3/20/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Health and Safety Code provides an emergency services
district (district) multiple tools to fulfill its purpose, which is to
protect the life and health of the citizens living within the district's
boundaries, to protect life and property from fire, and to conserve
natural and human resources.  As proposed, S.B. 1022 authorizes a district
to employ a peace officer and clarifies that a district may contract with
another political subdivision or the state for law enforcement services,
as well as providing standards for adoption of a fire code by a district.
This bill also expands the options for a district to construct public
works to include the alternative bidding procedures and clarifies that
districts may borrow money or enter into other financial arrangement to
construct facilities. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 775.031 (c), Health and Safety Code, to
authorize an emergency services district (district) to contract with the
state or a political subdivision for law enforcement services and
enforcement of the district's fire code.  Authorizes a district to
commission a peace officer or employ a person as a peace officer, who
holds a permanent peace officer license issued under Subsection 1701.307,
Occupations Code. 

SECTION 2.  Amends Section 775.036, Health and Safety Code, by amending
Subsections (b) and (g), as follows: 
 
(b)  Requires the district's fire code to be similar to standards adopted
by a nationally recognized standards-making association.  Authorizes the
district's board to continue to enforce any provision of the district's
fire code if the district adopted a fire code prior to the adoption of a
fire code by a county that overlaps any portion of the district.  Requires
the more stringent provisions to be enforced to the extent the district's
code and the county's code conflict.  Prohibits the board from enforcing
the district's fire code within the boundaries of a municipality that has
adopted a fire code unless the area is a limited-purpose annexation area
in which the city does not enforce a fire code.  

(g)  Authorizes the board to commission a peace officer or employ a
person, who holds a permanent peace officer license issued under
Subsection 1701.307, Occupations Code, to inspect any structure,
appurtenance, fixture, or real property located in the district for fire
hazards.  Authorizes the board or the peace officer to order the owner or
occupant of the premises to correct the hazardous situation. 

SECTION 3.  Amends Section 775.076(a), Health and Safety Code, to require
the commissioners court of each county in which the district is located,
before the board may issue bonds or notes authorized under this section,
to approve the issuance of the bonds or notes by a majority vote. 
 
SECTION 4.  Amends Section 775.084(k), Health and Safety Code, to require
a contract for a public works project to be administered in accordance
with Chapters 271B or H, Local Government Code, except as provided by this
section. 

SECTION 5.  Amends Sections 775.085(a) and (b), Health and Safety Code, as
follows: 
 
(a)  Authorizes the board, on the behalf of the district, to borrow money
and make other financial arrangements to purchase or construct emergency
services facilities upon real property, or to purchase emergency services
equipment in the amount and subject to a rate of interest or other
conditions the board considers advisable. 
 
(b)  Authorizes the board, to secure a loan under this section, to make
certain pledges, including real property acquired or improved or equipment
acquired with the borrowed money. 

SECTION 6.  Effective date:  upon passage or September 1, 2003.