By: Lewis H.B. No. 3427
A BILL TO BE ENTITLED
AN ACT
relating to the conversion of all rural fire prevention districts
to emergency services districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 775, Health and Safety
Code, is amended by adding Section 775.026 to read as follows:
Sec. 775.026. CONVERSION OF RURAL FIRE PREVENTION DISTRICTS
TO EMERGENCY SERVICES DISTRICTS. (a) Each rural fire prevention
district created under Chapter 794 is converted to an emergency
services district operating under this chapter and has the powers
and duties of a district created under this chapter.
(b) The name of a district converted under this section is
changed to "________ Emergency Services District No. ________,"
with the name of the county or counties in which the district is
located and the proper consecutive number inserted.
(c) The emergency services district to which a rural fire
prevention district converts assumes all obligations and
outstanding indebtedness of the rural fire prevention district.
(d) A fire commissioner of a rural fire prevention district
is an emergency services commissioner of the converted district on
conversion of the district under this section and shall serve until
the term for which the commissioner was appointed or elected
expires.
(e) If any portion of a district that converts to an
emergency services district under this section is located within
the boundaries of another district created under this chapter, the
converted district may not provide, in that portion of the district
located within the boundaries of the other district, a service that
duplicates a service provided by the other district as of September
1, 2003.
(f) Notwithstanding any other provision of this chapter,
before a district converted under this section may levy a tax in
excess of the maximum rate allowed for such district prior to
conversion, the district shall order an election, and the ballot
for such election shall be printed to permit voting for or against
the proposition: "To establish the maximum tax rate of ________
County Emergency Services District No. ________ to not exceed the
rate allowed under Section 48-e, Article III, Texas Constitution."
SECTION 2. (a) Section 411.1235(a), Government Code, is
amended to read as follows:
(a) A volunteer fire department or a fire department
operated by an emergency services [a rural fire prevention]
district is entitled to obtain from the department criminal history
record information maintained by the department that relates to a
person who is required to be certified by the Texas Commission on
Fire Protection and:
(1) is an applicant for a beginning position with the
fire department; or
(2) currently holds a position with that fire
department.
(b) Section 418.109(d), Government Code, is amended to read
as follows:
(d) A municipality, county, [rural fire prevention
district,] emergency services district, fire protection agency,
organized volunteer group, or other emergency services entity may
provide mutual aid assistance on request from another municipality,
county, [rural fire prevention district,] emergency services
district, fire protection agency, organized volunteer group, or
other emergency services entity. The chief or highest ranking
officer of the entity from which assistance is requested, with the
approval and consent of the presiding officer of the governing body
of that entity, may provide that assistance while acting in
accordance with the policies, ordinances, and procedures
established by the governing body of that entity and consistent
with any mutual aid plans developed by the emergency management
council.
(c) Section 419.904, Government Code, is amended to read as
follows:
Sec. 419.904. TECHNICAL ASSISTANCE TO EMERGENCY SERVICES
[RURAL FIRE PREVENTION] DISTRICTS. The commission may on request
provide technical assistance to emergency services [rural fire
prevention] districts, including advice on the efficient and
effective provision of fire protection within a district.
(d) Section 775.020(b), Health and Safety Code, is amended
by adding a new Subsection (b) and relating existing Subsections
(b)-(d) to read as follows:
(b) If the territory in a district created under this
chapter overlaps with the boundaries of another district created
under this chapter, or a district converted as provided under this
chapter from a rural fire prevention district created under Chapter
794, the most recently created district may not provide services in
the overlapping territory that duplicate the services provided by
the other district.
(c) [(b)] If the territory in one or more districts
overlaps, the commissioners court of the county in which the most
recently created district is located by order shall exclude the
overlapping territory from that district.
(d) [(c)] For purposes of this section, a district is
created on the date on which the election approving its creation was
held. If the elections approving the creation of two or more
districts are held on the same date, the most recently created
district is the district for which the hearing regarding approval
of the petition for creation of the district was most recently held.
(e) [(d)] The creation of a district with boundaries that
overlap the boundaries of another district does not affect the
validity of either district.
(e) Section 775.0205(a), Health and Safety Code, is amended
to read as follows:
(a) If the territory in a district created under this
chapter overlaps with the boundaries of another district operating
[created] under this chapter, a district created under Chapter 776,
or a district converted as provided under this chapter from a rural
fire prevention district created under Chapter 794, the most
recently created district may not provide services in the
overlapping territory that duplicate the services provided by the
other district at the time the overlapping district is created.
(f) Section 775.031(b), Health and Safety Code, is amended
to read as follows:
(b) A district located wholly within a county with a
population of more than 2.4 million may not provide fire prevention
or fire-fighting services unless the district was originally a
rural fire prevention district and was converted under this chapter
or under Section 794.100, or is created after September 1, 2003.
(g) Section 775.032(a), Health and Safety Code, is amended
to read as follows:
(a) A business entity is not subject to the ad valorem tax
authorized by this chapter or subject to the district's powers if
the business entity:
(1) provides its own fire prevention and fire control
services and owns or operates fire-fighting equipment or systems
equivalent to or better than standards developed by a nationally
recognized standards-making association [those of a Class I rural
fire prevention district, metropolitan county fire protection
system], as defined by the National Fire Protection Association and
[State Board of Insurance,] for which the business entity receives
the appropriate approval from the Texas Industrial Fire Training
Board of the State Firemen's and Fire Marshals' Association of
Texas;
(2) provides and operates its own equipped industrial
ambulance with a licensed driver and provides industrial victim
care by an emergency care attendant trained to provide the
equivalent of ordinary basic life support, as defined by Section
773.003; and
(3) provides ordinary emergency services for the
business entity, such as emergency response, as defined by 29
C.F.R. Sec. 1910.120, rescue, disaster planning, or security
services, as recognized by the Texas Industrial Fire Training Board
of the State Firemen's and Fire Marshals' Association of Texas, and
provides the equipment, training, and facilities necessary to
safely handle emergencies and protect the business entity and its
neighbors in the community.
(h) Section 775.0741(c), Health and Safety Code, is amended
to read as follows:
(c) The tax may not exceed three cents on each $100 of the
taxable value of property taxable by the district. If the district
was originally a rural fire prevention district or is created in a
territory that overlaps a district previously created under this
chapter [and was converted under Section 794.100], the tax may not
exceed six cents on each $100 of the taxable value of property
taxable by the district.
(i) Section 775.0745(a), Health and Safety Code, is amended
to read as follows:
(a) If the tax rate allowed by Section 48-e, Article III,
Texas Constitution is amended to increase the maximum tax rate
allowed thereunder, a [A] board shall [may] order an election to
increase the maximum tax rate of the district to any rate at or
below the rate allowed by Section 48-e, Article III, Texas
Constitution. The proposition on the ballot must state the
proposed maximum tax rate to be authorized at the election.
(j) Section 776.021(a), Health and Safety Code, is amended
to read as follows:
(a) If the territory in a district created under this
chapter overlaps with the boundaries of another district created
under this chapter or[,] a district operating [created] under
Chapter 775, [or a rural fire prevention district created under
Chapter 794,] the most recently created district may not provide
services in the overlapping territory that duplicate the services
provided by the other district at the time the overlapping district
is created.
(k) Section 776.032(a), Health and Safety Code, is amended
to read as follows:
(a) A business entity is not subject to the ad valorem tax
authorized by this chapter or subject to the district's powers if
the business entity:
(1) provides its own fire prevention and fire control
services and owns or operates fire-fighting equipment or systems
equivalent to or better than standards developed by a nationally
recognized standards-making association [those of a Class I rural
fire prevention district, metropolitan county fire protection
system], as defined by the National Fire Protection Association and
[State Board of Insurance,] for which the business entity receives
the appropriate approval from the Texas Industrial Fire Training
Board of the State Firemen's and Fire Marshals' Association of
Texas;
(2) provides and operates its own equipped industrial
ambulance with a licensed driver and provides industrial victim
care by an emergency care attendant trained to provide the
equivalent of ordinary basic life support, as defined by Section
773.003; and
(3) provides ordinary emergency services for the
business entity, such as emergency response, as defined by 29
C.F.R. Sec. 1910.120, rescue, disaster planning, or security
services, as recognized by the Texas Industrial Fire Training Board
of the State Firemen's and Fire Marshals' Association of Texas, and
provides the equipment, training, and facilities necessary to
safely handle emergencies and protect the business entity and its
neighbors in the community.
(l) Sections 344.051(c)-(f), Local Government Code, are
amended to read as follows:
(c) Except as provided by Subsection (f), a district may be
created inside the boundaries of [a rural fire prevention district
operating under Chapter 794, Health and Safety Code, or] an
emergency services district operating under Chapter 775 or 776,
Health and Safety Code, only if the governing body of the [rural
fire prevention district or the] emergency services district gives
its written consent by order or resolution not later than the 60th
day after the date the governing body receives a request for its
consent.
(d) If the governing body of the [rural fire prevention
district or] emergency services district consents to the inclusion
of territory inside its geographic boundaries, the territory may be
included in the district in the same manner as other territory is
included under this chapter.
(e) The consent of the governing body of the [rural fire
prevention district or] emergency services district to include
territory in the district and to initiate proceedings to create a
district as prescribed by this chapter expires six months after the
date on which the consent is given.
(f) Subsection (c) does not apply if:
(1) on the effective date of this chapter, the
municipality is providing fire suppression and prevention services
and emergency medical services; or
(2) the fire control, prevention, and emergency
medical services plan of the proposed district proposes emergency
services that, on the effective date of this chapter, are not
provided by any [rural fire prevention district or] emergency
services district inside the boundaries of the municipality.
SECTION 3. The following laws are repealed:
(1) Sections 775.023 and 775.024, Health and Safety
Code; and
(2) Chapter 794, Health and Safety Code.
SECTION 4. This Act takes effect September 1, 2003.