80R3606 EJI-D

By: Duncan S.B. No. 1043

A BILL TO BE ENTITLED

AN ACT

relating to the creation of an online volunteer fire department registry by the Texas Forest Service.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 614, Government Code, is amended by adding Subchapter H to read as follows: SUBCHAPTER H. ONLINE VOLUNTEER FIRE DEPARTMENT REGISTRY

Sec. 614.151. DEFINITIONS. In this subchapter:

(1) "Part-paid fire department" means a fire department operated by its members, some of whom are volunteers and not more than 20 of whom are paid.

(2) "Service" means the Texas Forest Service of The Texas A&M University System.

(3) "Volunteer fire department" means a fire department operated by its members, including a part-paid fire department, that is operated on a not-for-profit basis, including a department that is 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) of that code.

Sec. 614.152. ADMINISTRATION OF ONLINE VOLUNTEER FIRE DEPARTMENT REGISTRY. The service shall:

(1) establish and maintain an online registry of volunteer fire departments located in this state that is accessible to members of the public; and

(2) prescribe procedures necessary to implement this subchapter.

Sec. 614.153. REGISTRATION REQUIRED. (a) Each volunteer fire department in this state shall register with the service by submitting to the service:

(1) an application for registration under Section 614.154; and

(2) the registration fee in the amount set by the service.

(b) A volunteer fire department in this state may not engage in firefighting activities involving a regional emergency incident for which the service provides coordination unless the department maintains a current registration with the service under this subchapter.

Sec. 614.154. APPLICATION FOR REGISTRATION. (a) An application for registration must contain:

(1) the name of the volunteer fire department;

(2) the physical address of the volunteer fire department;

(3) the mailing address of the volunteer fire department;

(4) the number of volunteer firefighters and any other personnel affiliated with the volunteer fire department;

(5) the name, address, and certification status under Section 419.071 of each volunteer firefighter and any other personnel affiliated with the volunteer fire department; and

(6) an itemized list of all firefighting equipment used by the volunteer fire department for fire protection purposes.

(b) Except as provided by Subsection (c), a volunteer fire department must submit an application online.

(c) A volunteer fire department may apply for a waiver of the online registration requirement by submitting a written request to the service for a written registration application.

Sec. 614.155. RENEWAL OF REGISTRATION. A volunteer fire department shall renew the department's registration annually by filing a renewal application for registration and paying the registration renewal fee in a manner prescribed by the service.

Sec. 614.156. REGISTRATION AND REGISTRATION RENEWAL FEES. The service shall set a reasonable registration fee and registration renewal fee in an amount designed to cover the costs of administering this subchapter.

Sec. 614.157. PUBLIC INFORMATION. Information submitted to the service in an application for registration or for renewal of registration is public information.

SECTION 2. The Texas Forest Service of The Texas A&M University System shall establish the online registry required by Section 614.152, Government Code, as added by this Act, not later than January 1, 2008.

SECTION 3. This Act takes effect September 1, 2007.