78R4992 KEG-D

By:  Armbrister                                                   S.B. No. 1264



A BILL TO BE ENTITLED

AN ACT

relating to the donation by political subdivisions of outdated or 
surplus fire-protection and emergency services equipment to 
certain fire departments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 272, Local Government Code, is amended 
by adding Section 272.005 to read as follows:
	Sec. 272.005.  DONATION OF OUTDATED OR SURPLUS 
FIRE-PROTECTION AND EMERGENCY SERVICES EQUIPMENT.  (a)  In this 
section, "fire-protection and emergency services equipment" means 
equipment or supplies, including vehicles and other personal 
property, related to fire-protection, fire-fighting, or emergency 
services.
	(b)  A political subdivision may donate outdated or surplus 
fire-protection and emergency services equipment to a fire 
department described by Section 52i, Article III, Texas 
Constitution, that:
		(1)  serves a rural area with a population of not more 
than 20,000; or
		(2)  has an annual budget of less than $75,000.                        
	(c)  For a period of not less than 15 days before the date of 
donating fire-protection and emergency services equipment under 
other law, a political subdivision must:
		(1)  post on an Internet site operated by or for the 
political subdivision an itemized list of the fire-protection and 
emergency services equipment it plans to donate; or
		(2)  publish at least one time an itemized list of the 
fire-protection and emergency services equipment it plans to donate 
in at least three newspapers, the combined circulation of which 
will give reasonable circulation throughout the state.
	(d)  During the 15-day period under Subsection (c), a 
political subdivision shall allow the chief of an eligible fire 
department under Subsection (b), or the chief's designee, to 
conduct an in-person inspection of the fire-protection and 
emergency services equipment.
	(e)  If a municipality plans to donate fire-protection and 
emergency services equipment to an underdeveloped country and an 
eligible fire department under Subsection (b) submits a written 
request to the municipality for an item of that equipment not later 
than the fifth working day after the expiration of the 15-day period 
under Subsection (c), the municipality may not donate the item to an 
underdeveloped country and must:
		(1)  donate the item to the requesting eligible fire 
department; or  
		(2)  sell the item by public auction.                                  
	(f)  If two or more eligible fire departments submit written 
requests for the same item to a political subdivision, the 
political subdivision shall donate the item to the requesting 
eligible fire department with the greatest need, as determined by 
the Texas Forest Service.
	(g)  A political subdivision may not donate to an eligible 
fire department under Subsection (b) more than two vehicles during 
an 18-month period.
	SECTION 2.  The heading to Chapter 272, Local Government 
Code, is amended to read as follows:

SALE, [OR] LEASE, OR DONATION OF PROPERTY BY MUNICIPALITIES,

COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS
	SECTION 3.  This Act takes effect when the constitutional 
amendment proposed by the 78th Legislature, Regular Session, 2003, 
authorizing political subdivisions to donate outdated or surplus  
fire-protection and emergency services equipment to certain fire 
departments is approved by the voters.  If that proposed 
constitutional amendment is not approved by the voters, this Act 
has no effect.