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By: Madla S.B. No. 1021
(In the Senate - Filed March 7, 2003; March 17, 2003, read
first time and referred to Committee on Intergovernmental
Relations; April 7, 2003, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 3, Nays 0;
April 7, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1021 By: Madla
A BILL TO BE ENTITLED
AN ACT
relating to emergency services districts and the conversion of all
rural fire prevention districts to emergency services districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. RURAL FIRE PREVENTION DISTRICTS AND EMERGENCY SERVICES
DISTRICTS
SECTION 1.001. Subsection (b), Section 775.020, Health and
Safety Code, is amended to read as follows:
(b) If the territory in a district created under this
chapter [in one or more districts] overlaps with the boundaries of
another district created under this chapter, a district converted
under this chapter, or a district converted under former Section
794.100, 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
was created[, 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].
SECTION 1.002. Subsection (a), Section 775.0205, 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 created under Chapter 776, [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 was created.
SECTION 1.003. 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 former Chapter 794 is converted to an
emergency services district operating 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.
SECTION 1.004. Subsection (b), Section 775.031, 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:
(1) was originally a rural fire prevention district
and was converted to an emergency services district under this
chapter or former Section 794.100; or
(2) is created after September 1, 2003.
SECTION 1.005. Subsection (a), Section 775.032, 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 [those of a Class I
rural fire prevention district, metropolitan county fire
protection system, as defined] by the National Fire Protection
Association or another nationally recognized 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.
SECTION 1.006. Subsection (c), Section 775.0741, 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
territory that overlaps with the boundaries of a district created
under this chapter before September 1, 2003 [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.
SECTION 1.007. Subsection (a), Section 775.0745, Health and
Safety Code, is amended to read as follows:
(a) If the [A] board decides [may order an election] to
increase the maximum tax rate of the district to any rate at or
below the rate allowed by this chapter or Section 48-e, Article III,
Texas Constitution, the board must order an election to authorize
the increase. The proposition on the ballot must state the proposed
maximum tax rate to be authorized at the election.
SECTION 1.008. Subsection (a), Section 776.021, 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.
SECTION 1.009. Subsection (a), Section 776.032, 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 [those of a Class I
rural fire prevention district, metropolitan county fire
protection system, as defined] by the National Fire Protection
Association or another nationally recognized 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.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.001. Subsection (a), Section 411.1235,
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.
SECTION 2.002. Subsection (d), Section 418.109, 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.
SECTION 2.003. 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.
SECTION 2.004. Subsections (c) through (f), Section
344.051, 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, were [are] not
provided by any rural fire prevention district or emergency
services district inside the boundaries of the municipality.
ARTICLE 3. REPEALER; EFFECTIVE DATE
SECTION 3.001. 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 3.002. This Act takes effect September 1, 2003.
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