|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority to charge reasonable fees for certain |
|
|
emergency services performed by volunteer fire departments. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 342, Local Government Code, is amended |
|
|
by adding Subchapter D to read as follows: |
|
|
SUBCHAPTER D. CONTRACTS WITH VOLUNTEER FIRE DEPARTMENTS |
|
|
Sec. 342.031. FEES FOR VOLUNTEER FIRE DEPARTMENT SERVICES. |
|
|
A municipality that contracts with a volunteer fire department for |
|
|
the performance of emergency services may charge a reasonable fee |
|
|
for emergency services performed by the department in relation to a |
|
|
hazardous material accident or a motor vehicle accident. The fee |
|
|
must be: |
|
|
(1) billed to the applicable insurance company of the |
|
|
person for whom the department performs the service; and |
|
|
(2) paid within a reasonable amount of time |
|
|
established by the municipality. |
|
|
SECTION 2. Section 352.001(c), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(c) The commissioners court of a county may contract with an |
|
|
incorporated volunteer fire department that is located within the |
|
|
county to provide fire protection to an area of the county that is |
|
|
located outside the municipalities in the county. The court may pay |
|
|
for that protection from the general fund of the county. The county |
|
|
may charge a reasonable fee for emergency services performed by the |
|
|
contracting volunteer fire department in relation to a hazardous |
|
|
material accident or a motor vehicle accident. The fee must be: |
|
|
(1) billed to the applicable insurance company of the |
|
|
person for whom the department performs the service; and |
|
|
(2) paid within a reasonable amount of time |
|
|
established by the county. |
|
|
SECTION 3. Chapter 614, Government Code, is amended by |
|
|
adding Subchapter H to read as follows: |
|
|
SUBCHAPTER H. AUTHORITY OF CERTAIN VOLUNTEER FIRE DEPARTMENTS TO |
|
|
CHARGE FEES FOR SERVICES |
|
|
Sec. 614.121. FEES FOR VOLUNTEER FIRE DEPARTMENT SERVICES. |
|
|
(a) In this section, "volunteer fire department" means a fire |
|
|
department operated by its members, including a partially paid fire |
|
|
department, that: |
|
|
(1) is operated on a not-for-profit basis, including a |
|
|
department exempt from federal income tax under Section 501(a), |
|
|
Internal Revenue Code of 1986, by being listed as an exempt |
|
|
organization in Section 501(c)(3) or (4) of that code; and |
|
|
(2) participates in a firefighter certification |
|
|
program administered: |
|
|
(A) under Section 419.071; |
|
|
(B) by the State Firemen's and Fire Marshals' |
|
|
Association of Texas; or |
|
|
(C) by the National Wildfire Coordinating Group. |
|
|
(b) A volunteer fire department that is not operating under |
|
|
a contract with an emergency services district under Chapter 775, |
|
|
Health and Safety Code, a county, a municipality, or another |
|
|
political subdivision to provide emergency services may charge a |
|
|
reasonable fee to a person for whom the department performs |
|
|
emergency services in relation to a hazardous material accident or |
|
|
a motor vehicle accident. The fee must be billed to the applicable |
|
|
insurance company of the person for whom the department performs |
|
|
the service. |
|
|
SECTION 4. The changes in law made by this Act apply |
|
|
beginning with emergency services performed by a volunteer fire |
|
|
department on or after the effective date of this Act. |
|
|
SECTION 5. 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, 2007. |