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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority to charge reasonable fees for emergency |
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services performed by volunteer fire departments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 342, Local Government Code, is amended |
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by adding Subchapter D to read as follows: |
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SUBCHAPTER D. CONTRACTS WITH VOLUNTEER FIRE DEPARTMENTS |
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Sec. 342.031. FEES FOR VOLUNTEER FIRE DEPARTMENT SERVICES. |
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A municipality that contracts with a volunteer fire department for |
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the performance of emergency services may charge a reasonable fee |
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for the emergency services performed by the department. The fee |
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must be paid within a reasonable amount of time established by the |
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municipality. |
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SECTION 2. Section 352.001(c), Local Government Code, is |
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amended to read as follows: |
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(c) The commissioners court of a county may contract with an |
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incorporated volunteer fire department that is located within the |
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county to provide fire protection to an area of the county that is |
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located outside the municipalities in the county. The court may pay |
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for that protection from the general fund of the county. The county |
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may charge a reasonable fee for emergency services performed by the |
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volunteer fire department under contract with the county. The fee |
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must be paid within a reasonable amount of time established by the |
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county. The county may assign the billing and collection of the fee |
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to the volunteer fire department. |
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SECTION 3. Chapter 614, Government Code, is amended by |
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adding Subchapter L to read as follows: |
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SUBCHAPTER L. AUTHORITY OF CERTAIN VOLUNTEER FIRE DEPARTMENTS TO |
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CHARGE FEES FOR SERVICES |
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Sec. 614.211. FEES FOR VOLUNTEER FIRE DEPARTMENT SERVICES. |
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(a) In this section, "volunteer fire department" has the meaning |
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assigned by Section 614.071. |
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(b) A volunteer fire department that is not operating under |
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a contract with an emergency services district under Chapter 775, |
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Health and Safety Code, a county, a municipality, or another |
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political subdivision to provide emergency services may directly |
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charge a reasonable fee to the persons for whom the department |
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performs emergency services. |
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SECTION 4. The changes in law made by this Act apply |
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beginning with emergency services performed by a volunteer fire |
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department on or after the effective date of this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |