By:  Madla                                                        S.B. No. 1022


A BILL TO BE ENTITLED

AN ACT

relating to emergency services districts.                                     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 775.031 (c), Health and Safety Code, is 
amended to read as follows:
	(c)  A district may contract with the state or a political 
subdivision for law enforcement services and enforcement of the 
district's fire code.  A district may 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.  [Except as provided by Subchapter F, a district may not 
commission a peace officer or employ a person as a peace officer.]
	SECTION 2.  Section 775.036, Health and Safety Code, is 
amended by amending subsection (b) and adding subsection (g) to 
read as follows:
	(b)  The board may adopt and enforce a fire code, including 
fines for any violations, that does not conflict with a fire code 
adopted by any county that also contains within its boundaries any 
portion of the land contained in the district and may require 
inspections in the district relating to the causes and prevention 
of fires and medical emergencies, except as provided by Section 
775.031(b).  The district's fire code must be similar to standards 
adopted by a nationally recognized standards-making association.  
The board may 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.  To the extent the district's code and the county's code 
conflict, the more stringent provisions shall be enforced.  The 
board may not enforce 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.  The board of a district located wholly within 
a county with a population of three million or more may not adopt a 
fire code or a fine for a violation of the district's fire code 
unless the commissioners court of the county consents to the 
adoption of the code or fine.
	(g)  The board may 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.  The board or the peace officer may order the owner or 
occupant of the premises to correct the hazardous situation.
	SECTION 3.  Section 775.076(a), Health and Safety Code, is 
amended to read as follows:
	(a)  The board may issue bonds and notes as prescribed by 
this chapter to perform any of its powers.  Before the board may 
issue bonds or notes authorized under this section, the 
commissioners court of each county in which the district is located 
must approve the issuance of the bonds or notes by a majority vote.
	SECTION 4.  Section 775.084(k), Health and Safety Code, is 
amended to read as follows:
	(k)  A contract for a public works project must be 
administered in accordance with Subchapters B or H, Chapter 271, 
Local Government Code, except as provided by this section.
	SECTION 5.  Section 775.085, Health and Safety Code, is 
amended by amending subsections (a) and (b) to read as follows:
	(a)  The board, on the behalf of the district, may 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)  To secure a loan under this section, the board may 
pledge:              
		(1)  tax revenues or funds on hand that are not 
otherwise pledged to pay a debt of the district; or
		(2)  the real property acquired or improved or 
equipment acquired with the borrowed money.
	SECTION 6.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.