By:  Lindsay                                                      S.B. No. 1461


A BILL TO BE ENTITLED

AN ACT

relating to the sale of used fire-fighting equipment to certain 
volunteer fire departments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 352, Local Government 
Code, is amended by adding Section 352.006 to read as follows:
	Sec. 352.006.  SALE OF USED FIRE PROTECTION OR FIRE-FIGHTING 
EQUIPMENT TO CERTAIN VOLUNTEER FIRE DEPARTMENTS.  (a)  In this 
section, "volunteer fire department" means an association that:
		(1)  operates fire-fighting equipment;                                 
		(2)  is organized primarily to provide and actively 
provides fire-fighting services;
		(3)  does not pay its members compensation other than 
nominal compensation; and
		(4)  does not distribute any of its income to its 
members, officers, or governing body, other than for reimbursement 
of expenses.
	(b)  Notwithstanding Subchapter D, Chapter 263, or other 
law, the commissioners court of a county may sell used 
fire-fighting equipment, excluding equipment described in Sections 
419.040 and 419.041, Government Code, to a volunteer fire 
department for eight percent of the original purchase value of the 
equipment if:
		(1)  the fire protection or fire-fighting equipment is 
at least 15 years old and met the National Fire Protection 
Association standards at the original time of purchase; and
		(2)  the volunteer fire department provides fire 
protection to an area within the county.
	SECTION 2.  This Act takes effect September 1, 2003.